This Subchapter shall be interpreted and construed so as to
implement the following purposes and policies:

(1) To provide procedures for the hearing of juvenile
cases that assure fairness and equity and that protect the constitutional
rights of juveniles and parents;

(2) To develop a disposition in each juvenile case that
reflects consideration of the facts, the needs and limitations of the juvenile,
and the strengths and weaknesses of the family.

(3) To provide for services for the protection of
juveniles by means that respect both the right to family autonomy and the
juveniles' needs for safety, continuity, and permanence; and

(4) To provide standards for the removal, when
necessary, of juveniles from their homes and for the return of juveniles to
their homes consistent with preventing the unnecessary or inappropriate
separation of juveniles from their parents.

(5) To provide standards, consistent with the Adoption
and Safe Families Act of 1997, P.L. 105-89, for ensuring that the best
interests of the juvenile are of paramount consideration by the court and that
when it is not in the juvenile's best interest to be returned home, the juvenile
will be placed in a safe, permanent home within a reasonable amount of time. (1979, c. 815, s. 1; 1987 (Reg. Sess., 1988), c. 1090, s. 1;
1998-202, s. 6; 1999-456, s. 60; 2003-140, s. 5.)

§ 7B-101. Definitions.

As used in this Subchapter, unless the context clearly
requires otherwise, the following words have the listed meanings:

(1) Abused juveniles. - Any juvenile less than 18 years
of age whose parent, guardian, custodian, or caretaker:

a. Inflicts or allows to be inflicted upon the
juvenile a serious physical injury by other than accidental means;

b. Creates or allows to be created a substantial risk
of serious physical injury to the juvenile by other than accidental means;

c. Uses or allows to be used upon the juvenile cruel
or grossly inappropriate procedures or cruel or grossly inappropriate devices
to modify behavior;

d. Commits, permits, or encourages the commission of a
violation of the following laws by, with, or upon the juvenile: first-degree
rape, as provided in G.S. 14-27.2; rape of a child by an adult offender, as
provided in G.S. 14-27.2A; second degree rape as provided in G.S. 14-27.3;
first-degree sexual offense, as provided in G.S. 14-27.4; sexual offense with a
child by an adult offender, as provided in G.S. 14-27.4A; second degree sexual
offense, as provided in G.S. 14-27.5; sexual act by a custodian, as provided in
G.S. 14-27.7; unlawful sale, surrender, or purchase of a minor, as provided in
G.S. 14-43.14; crime against nature, as provided in G.S. 14-177; incest, as
provided in G.S. 14-178; preparation of obscene photographs, slides, or motion
pictures of the juvenile, as provided in G.S. 14-190.5; employing or permitting
the juvenile to assist in a violation of the obscenity laws as provided in G.S.
14-190.6; dissemination of obscene material to the juvenile as provided in G.S.
14-190.7 and G.S. 14-190.8; displaying or disseminating material harmful to the
juvenile as provided in G.S. 14-190.14 and G.S. 14-190.15; first and second
degree sexual exploitation of the juvenile as provided in G.S. 14-190.16 and
G.S. 14-190.17; promoting the prostitution of the juvenile as provided in G.S.
14-205.3(b); and taking indecent liberties with the juvenile, as provided in
G.S. 14-202.1;

e. Creates or allows to be created serious emotional
damage to the juvenile; serious emotional damage is evidenced by a juvenile's
severe anxiety, depression, withdrawal, or aggressive behavior toward himself
or others;

f. Encourages, directs, or approves of delinquent
acts involving moral turpitude committed by the juvenile; or

g. Commits or allows to be committed an offense under
G.S. 14-43.11 (human trafficking), G.S. 14-43.12 (involuntary servitude), or
G.S. 14-43.13 (sexual servitude) against the child.

(2) Aggravated circumstances. - Any circumstance
attending to the commission of an act of abuse or neglect which increases its
enormity or adds to its injurious consequences, including, but not limited to,
abandonment, torture, chronic abuse, or sexual abuse.

(3) Caretaker. - Any person other than a parent,
guardian, or custodian who has responsibility for the health and welfare of a
juvenile in a residential setting. A person responsible for a juvenile's health
and welfare means a stepparent, foster parent, an adult member of the
juvenile's household, an adult relative entrusted with the juvenile's care, any
person such as a house parent or cottage parent who has primary responsibility
for supervising a juvenile's health and welfare in a residential child care
facility or residential educational facility, or any employee or volunteer of a
division, institution, or school operated by the Department of Health and Human
Services. "Caretaker" also means any person who has the
responsibility for the care of a juvenile in a child care facility as defined
in Article 7 of Chapter 110 of the General Statutes and includes any person who
has the approval of the care provider to assume responsibility for the
juveniles under the care of the care provider. Nothing in this subdivision
shall be construed to impose a legal duty of support under Chapter 50 or
Chapter 110 of the General Statutes. The duty imposed upon a caretaker as
defined in this subdivision shall be for the purpose of this Subchapter only.

(5) Repealed by Session Laws 2013-129, s. 1, effective
October 1, 2013, and applicable to actions filed or pending on or after that
date.

(6) Court. - The district court division of the General
Court of Justice.

(7) Court of competent jurisdiction. - A court having
the power and authority of law to act at the time of acting over the subject
matter of the cause.

(7a) Criminal history. - A local, State, or federal
criminal history of conviction or pending indictment of a crime, whether a
misdemeanor or a felony, involving violence against a person.

(8) Custodian. - The person or agency that has been
awarded legal custody of a juvenile by a court.

(9) Dependent juvenile. - A juvenile in need of
assistance or placement because (i) the juvenile has no parent, guardian, or
custodian responsible for the juvenile's care or supervision or (ii) the
juvenile's parent, guardian, or custodian is unable to provide for the
juvenile's care or supervision and lacks an appropriate alternative child care
arrangement.

(10) Director. - The director of the county department of
social services in the county in which the juvenile resides or is found, or the
director's representative as authorized in G.S. 108A-14.

(11) District. - Any district court district as
established by G.S. 7A-133.

(11a) Family assessment response. - A response to selected
reports of child neglect and dependency as determined by the Director using a
family-centered approach that is protection and prevention oriented and that
evaluates the strengths and needs of the juvenile's family, as well as the
condition of the juvenile.

(11b) Investigative assessment response. - A response to
reports of child abuse and selected reports of child neglect and dependency as
determined by the Director using a formal information gathering process to
determine whether a juvenile is abused, neglected, or dependent.

(12) Judge. - Any district court judge.

(13) Judicial district. - Any district court district as
established by G.S. 7A-133.

(14) Juvenile. - A person who has not reached the
person's eighteenth birthday and is not married, emancipated, or a member of
the Armed Forces of the United States.

(15) Neglected juvenile. - A juvenile who does not
receive proper care, supervision, or discipline from the juvenile's parent,
guardian, custodian, or caretaker; or who has been abandoned; or who is not
provided necessary medical care; or who is not provided necessary remedial
care; or who lives in an environment injurious to the juvenile's welfare; or
who has been placed for care or adoption in violation of law. In determining
whether a juvenile is a neglected juvenile, it is relevant whether that
juvenile lives in a home where another juvenile has died as a result of
suspected abuse or neglect or lives in a home where another juvenile has been
subjected to abuse or neglect by an adult who regularly lives in the home.

(16) Petitioner. - The individual who initiates court
action, whether by the filing of a petition or of a motion for review alleging
the matter for adjudication.

(17) Prosecutor. - The district attorney or assistant
district attorney assigned by the district attorney to juvenile proceedings.

(18) Reasonable efforts. - The diligent use of preventive
or reunification services by a department of social services when a juvenile's
remaining at home or returning home is consistent with achieving a safe,
permanent home for the juvenile within a reasonable period of time. If a court
of competent jurisdiction determines that the juvenile is not to be returned
home, then reasonable efforts means the diligent and timely use of permanency
planning services by a department of social services to develop and implement a
permanent plan for the juvenile.

(18b) Return home or reunification. - Placement of the
juvenile in the home of either parent or placement of the juvenile in the home
of a guardian or custodian from whose home the child was removed by court
order.

(19) Safe home. - A home in which the juvenile is not at
substantial risk of physical or emotional abuse or neglect.

(19a) Serious neglect. - Conduct, behavior, or inaction of
the juvenile's parent, guardian, custodian, or caretaker that evidences a
disregard of consequences of such magnitude that the conduct, behavior, or
inaction constitutes an unequivocal danger to the juvenile's health, welfare,
or safety, but does not constitute abuse.

(20) Repealed by Session Laws 2013-129, s. 1, effective
October 1, 2013, and applicable to actions filed or pending on or after that
date.

(21) Substantial evidence. - Relevant evidence a
reasonable mind would accept as adequate to support a conclusion.

(22) Working day. - Any day other than a Saturday,
Sunday, or a legal holiday when the courthouse is closed for transactions.

(a) The court has exclusive, original jurisdiction
over any case involving a juvenile who is alleged to be abused, neglected, or
dependent. This jurisdiction does not extend to cases involving adult
defendants alleged to be guilty of abuse or neglect.

The court also has exclusive original jurisdiction of the
following proceedings:

(1) Proceedings under the Interstate Compact on the
Placement of Children set forth in Article 38 of this Chapter.

(2) Proceedings involving judicial consent for
emergency surgical or medical treatment for a juvenile when the juvenile's
parent, guardian, custodian, or other person who has assumed the status and
obligation of a parent without being awarded legal custody of the juvenile by a
court refuses to consent for treatment to be rendered.

(3) Proceedings to determine whether a juvenile should
be emancipated.

(4) Proceedings to terminate parental rights.

(4a) Proceedings for reinstatement of parental rights.

(5) Proceedings to review the placement of a juvenile
in foster care pursuant to an agreement between the juvenile's parents or
guardian and a county department of social services.

(6) Proceedings in which a person is alleged to have
obstructed or interfered with an investigation required by G.S. 7B-302.

(7) Proceedings involving consent for an abortion on an
unemancipated minor under Article 1A, Part 2 of Chapter 90 of the General
Statutes.

(8) Proceedings by an underage party seeking judicial
authorization to marry under Article 1 of Chapter 51 of the General Statutes.

(9) Petitions for judicial review of a director's
determination under Article 3A of this Chapter.

(b) The court shall have jurisdiction over the parent,
guardian, custodian, or caretaker of a juvenile who has been adjudicated
abused, neglected, or dependent, provided the parent, guardian, custodian, or
caretaker has (i) been properly served with summons pursuant to G.S. 7B-406,
(ii) waived service of process, or (iii) automatically become a party pursuant
to G.S. 7B-401.1(c) or (d).

(c) When the court obtains jurisdiction over a
juvenile as the result of a petition alleging that the juvenile is abused,
neglected, or dependent:

(1) Any other civil action in this State in which the
custody of the juvenile is an issue is automatically stayed as to that issue,
unless the juvenile proceeding and the civil custody action or claim are
consolidated pursuant to subsection (d) of this section or the court in the
juvenile proceeding enters an order dissolving the stay.

(2) If an order entered in the juvenile proceeding and
an order entered in another civil custody action conflict, the order in the
juvenile proceeding controls as long as the court continues to exercise
jurisdiction in the juvenile proceeding.

(d) Notwithstanding G.S. 50-13.5(f), the court in a
juvenile proceeding may order that any civil action or claim for custody filed
in the district be consolidated with the juvenile proceeding. If a civil action
or claim for custody of the juvenile is filed in another district, the court in
the juvenile proceeding, for good cause and after consulting with the court in
the other district, may: (i) order that the civil action or claim for custody
be transferred to the county in which the juvenile proceeding is filed; or (ii)
order a change of venue in the juvenile proceeding and transfer the juvenile
proceeding to the county in which the civil action or claim is filed. The court
in the juvenile proceeding may also proceed in the juvenile proceeding while
the civil action or claim remains stayed or dissolve the stay of the civil
action or claim and stay the juvenile proceeding pending a resolution of the
civil action or claim. (1979, c. 815, s. 1; 1983, c.
837, s. 1; 1985, c. 459, s. 2; 1987, c. 409, s. 2; 1995, c. 328, s. 3; c. 462,
s. 2; 1996, 2nd Ex. Sess., c. 18, s. 23.2(c); 1998-202, s. 6; 1999-456, s. 60;
2001-62, s. 13; 2005-320, s. 1; 2005-399, s. 4; 2010-90, s. 3; 2011-295, s. 1;
2013-129, s. 2.)

§ 7B-201. Retention and termination of jurisdiction.

(a) When the court obtains jurisdiction over a
juvenile, jurisdiction shall continue until terminated by order of the court or
until the juvenile reaches the age of 18 years or is otherwise emancipated,
whichever occurs first.

(b) When the court's jurisdiction terminates, whether
automatically or by court order, the court thereafter shall not modify or
enforce any order previously entered in the case, including any juvenile court
order relating to the custody, placement, or guardianship of the juvenile. The
legal status of the juvenile and the custodial rights of the parties shall
revert to the status they were before the juvenile petition was filed, unless
applicable law or a valid court order in another civil action provides
otherwise. Termination of the court's jurisdiction in an abuse, neglect, or
dependency proceeding, however, shall not affect any of the following:

(a) The Administrative Office of the Courts shall
establish a Permanency Mediation Program to provide statewide and uniform
services to resolve issues in cases under this Subchapter in which a juvenile
is alleged or has been adjudicated to be abused, neglected, or dependent, or in
which a petition or motion to terminate a parent's rights has been filed.
Participants in the mediation shall include the parties and their attorneys,
including the guardian ad litem and attorney advocate for the child; provided,
the court may allow mediation to proceed without the participation of a parent
whose identity is unknown, a party who was served and has not made an
appearance, or a parent, guardian, or custodian who has not been served despite
a diligent attempt to serve the person. Upon a finding of good cause, the court
may allow mediation to proceed without the participation of a parent who is
unable to participate due to incarceration, illness, or some other cause.
Others may participate by agreement of the parties, their attorneys, and the
mediator, or by order of the court.

(b) The Administrative Office of the Courts shall
establish in phases a statewide Permanency Mediation Program consisting of
local district programs to be established in all judicial districts of the
State. The Director of the Administrative Office of the Courts is authorized to
approve contractual agreements for such services as executed by order of the
Chief District Court Judge of a district court district, such contracts to be exempt
from competitive bidding procedures under Chapter 143 of the General Statutes.
The Administrative Office of the Courts shall promulgate policies and
regulations necessary and appropriate for the administration of the program.
Any funds appropriated by the General Assembly for the establishment and
maintenance of permanency mediation programs under this Article shall be
administered by the Administrative Office of the Courts.

(c) Mediation proceedings shall be held in private and
shall be confidential. Except as provided otherwise in this section, all verbal
or written communications from participants in the mediation to the mediator or
between or among the participants in the presence of the mediator are
absolutely privileged and inadmissible in court.

(d) Neither the mediator nor any party or other person
involved in mediation sessions under this section shall be competent to testify
to communications made during or in furtherance of such mediation sessions;
provided, there is no confidentiality or privilege as to communications made in
furtherance of a crime or fraud. Nothing in this subsection shall be construed
as permitting an individual to obtain immunity from prosecution for criminal
conduct or as excusing an individual from the reporting requirements of Article
3 of Chapter 7B of the General Statutes or G.S. 108A-102.

(e) Any agreement reached by the parties as a result
of the mediation, whether referred to as a "placement agreement,"
"case plan," or some similar name, shall be reduced to writing,
signed by each party, and submitted to the court as soon as practicable. Unless
the court finds good reason not to, the court shall incorporate the agreement
in a court order, and the agreement shall become enforceable as a court order.
If some or all of the issues referred to mediation are not resolved by
mediation, the mediator shall report that fact to the court. (2006-187, s. 4(a).)

§ 7B-203. Reserved for
future codification purposes.

§ 7B-204. Reserved for
future codification purposes.

§ 7B-205. Reserved for
future codification purposes.

§ 7B-206. Reserved for
future codification purposes.

§ 7B-207. Reserved for
future codification purposes.

§ 7B-208. Reserved for
future codification purposes.

§ 7B-209. Reserved for
future codification purposes.

§ 7B-210. Reserved for
future codification purposes.

§ 7B-211. Reserved for
future codification purposes.

§ 7B-212. Reserved for future
codification purposes.

§ 7B-213. Reserved for
future codification purposes.

§ 7B-214. Reserved for
future codification purposes.

§ 7B-215. Reserved for
future codification purposes.

§ 7B-216. Reserved for
future codification purposes.

§ 7B-217. Reserved for
future codification purposes.

§ 7B-218. Reserved for
future codification purposes.

§ 7B-219. Reserved for
future codification purposes.

§ 7B-220. Reserved for
future codification purposes.

§ 7B-221. Reserved for
future codification purposes.

§ 7B-222. Reserved for
future codification purposes.

§ 7B-223. Reserved for
future codification purposes.

§ 7B-224. Reserved for
future codification purposes.

§ 7B-225. Reserved for
future codification purposes.

§ 7B-226. Reserved for
future codification purposes.

§ 7B-227. Reserved for
future codification purposes.

§ 7B-228. Reserved for
future codification purposes.

§ 7B-229. Reserved for
future codification purposes.

§ 7B-230. Reserved for
future codification purposes.

§ 7B-231. Reserved for
future codification purposes.

§ 7B-232. Reserved for
future codification purposes.

§ 7B-233. Reserved for
future codification purposes.

§ 7B-234. Reserved for
future codification purposes.

§ 7B-235. Reserved for
future codification purposes.

§ 7B-236. Reserved for
future codification purposes.

§ 7B-237. Reserved for
future codification purposes.

§ 7B-238. Reserved for
future codification purposes.

§ 7B-239. Reserved for
future codification purposes.

§ 7B-240. Reserved for
future codification purposes.

§ 7B-241. Reserved for
future codification purposes.

§ 7B-242. Reserved for
future codification purposes.

§ 7B-243. Reserved for
future codification purposes.

§ 7B-244. Reserved for
future codification purposes.

§ 7B-245. Reserved for
future codification purposes.

§ 7B-246. Reserved for
future codification purposes.

§ 7B-247. Reserved for
future codification purposes.

§ 7B-248. Reserved for
future codification purposes.

§ 7B-249. Reserved for
future codification purposes.

§ 7B-250. Reserved for
future codification purposes.

§ 7B-251. Reserved for
future codification purposes.

§ 7B-252. Reserved for future
codification purposes.

§ 7B-253. Reserved for
future codification purposes.

§ 7B-254. Reserved for
future codification purposes.

§ 7B-255. Reserved for
future codification purposes.

§ 7B-256. Reserved for
future codification purposes.

§ 7B-257. Reserved for
future codification purposes.

§ 7B-258. Reserved for
future codification purposes.

§ 7B-259. Reserved for
future codification purposes.

§ 7B-260. Reserved for
future codification purposes.

§ 7B-261. Reserved for
future codification purposes.

§ 7B-262. Reserved for
future codification purposes.

§ 7B-263. Reserved for
future codification purposes.

§ 7B-264. Reserved for
future codification purposes.

§ 7B-265. Reserved for
future codification purposes.

§ 7B-266. Reserved for future
codification purposes.

§ 7B-267. Reserved for
future codification purposes.

§ 7B-268. Reserved for
future codification purposes.

§ 7B-269. Reserved for
future codification purposes.

§ 7B-270. Reserved for
future codification purposes.

§ 7B-271. Reserved for
future codification purposes.

§ 7B-272. Reserved for
future codification purposes.

§ 7B-273. Reserved for
future codification purposes.

§ 7B-274. Reserved for
future codification purposes.

§ 7B-275. Reserved for
future codification purposes.

§ 7B-276. Reserved for
future codification purposes.

§ 7B-277. Reserved for
future codification purposes.

§ 7B-278. Reserved for
future codification purposes.

§ 7B-279. Reserved for
future codification purposes.

§ 7B-280. Reserved for
future codification purposes.

§ 7B-281. Reserved for
future codification purposes.

§ 7B-282. Reserved for
future codification purposes.

§ 7B-283. Reserved for
future codification purposes.

§ 7B-284. Reserved for future
codification purposes.

§ 7B-285. Reserved for
future codification purposes.

§ 7B-286. Reserved for
future codification purposes.

§ 7B-287. Reserved for
future codification purposes.

§ 7B-288. Reserved for
future codification purposes.

§ 7B-289. Reserved for
future codification purposes.

§ 7B-290. Reserved for
future codification purposes.

§ 7B-291. Reserved for
future codification purposes.

§ 7B-292. Reserved for
future codification purposes.

§ 7B-293. Reserved for
future codification purposes.

§ 7B-294. Reserved for
future codification purposes.

§ 7B-295. Reserved for
future codification purposes.

§ 7B-296. Reserved for
future codification purposes.

§ 7B-297. Reserved for
future codification purposes.

§ 7B-298. Reserved for
future codification purposes.

§ 7B-299. Reserved for
future codification purposes.

Article 3.

Screening of Abuse and Neglect Complaints.

§ 7B-300. Protective services.

The director of the department of social services in each
county of the State shall establish protective services for juveniles alleged
to be abused, neglected, or dependent.

Protective services shall include the screening of reports,
the performance of an assessment using either a family assessment response or
an investigative assessment response, casework, or other counseling services to
parents, guardians, or other caretakers as provided by the director to help the
parents, guardians, or other caretakers and the court to prevent abuse or
neglect, to improve the quality of child care, to be more adequate parents,
guardians, or caretakers, and to preserve and stabilize family life.

§ 7B-301. Duty to report abuse, neglect, dependency, or
death due to maltreatment.

(a) Any person or institution who has cause to suspect
that any juvenile is abused, neglected, or dependent, as defined by G.S. 7B-101,
or has died as the result of maltreatment, shall report the case of that
juvenile to the director of the department of social services in the county
where the juvenile resides or is found. The report may be made orally, by
telephone, or in writing. The report shall include information as is known to
the person making it including the name and address of the juvenile; the name and
address of the juvenile's parent, guardian, or caretaker; the age of the
juvenile; the names and ages of other juveniles in the home; the present
whereabouts of the juvenile if not at the home address; the nature and extent
of any injury or condition resulting from abuse, neglect, or dependency; and
any other information which the person making the report believes might be
helpful in establishing the need for protective services or court intervention.
If the report is made orally or by telephone, the person making the report
shall give the person's name, address, and telephone number. Refusal of the
person making the report to give a name shall not preclude the department's
assessment of the alleged abuse, neglect, dependency, or death as a result of
maltreatment.

Upon receipt of any report of sexual abuse of the juvenile in
a child care facility, the director shall notify the State Bureau of
Investigation within 24 hours or on the next workday. If sexual abuse in a
child care facility is not alleged in the initial report, but during the course
of the assessment there is reason to suspect that sexual abuse has occurred,
the director shall immediately notify the State Bureau of Investigation. Upon
notification that sexual abuse may have occurred in a child care facility, the
State Bureau of Investigation may form a task force to investigate the report.

(b) Any person or institution who knowingly or
wantonly fails to report the case of a juvenile as required by subsection (a)
of this section, or who knowingly or wantonly prevents another person from
making a report as required by subsection (a) of this section, is guilty of a
Class 1 misdemeanor.

§ 7B-302. Assessment by director; access to confidential
information; notification of person making the report.

(a) When a report of abuse, neglect, or dependency is
received, the director of the department of social services shall make a prompt
and thorough assessment, using either a family assessment response or an
investigative assessment response, in order to ascertain the facts of the case,
the extent of the abuse or neglect, and the risk of harm to the juvenile, in
order to determine whether protective services should be provided or the
complaint filed as a petition. When the report alleges abuse, the director
shall immediately, but no later than 24 hours after receipt of the report, initiate
the assessment. When the report alleges neglect or dependency, the director
shall initiate the assessment within 72 hours following receipt of the report.
When the report alleges abandonment, the director shall immediately initiate an
assessment, take appropriate steps to assume temporary custody of the juvenile,
and take appropriate steps to secure an order for nonsecure custody of the
juvenile. The assessment and evaluation shall include a visit to the place
where the juvenile resides, except when the report alleges abuse or neglect in
a child care facility as defined in Article 7 of Chapter 110 of the General
Statutes. When a report alleges abuse or neglect in a child care facility as
defined in Article 7 of Chapter 110 of the General Statutes, a visit to the
place where the juvenile resides is not required. When the report alleges
abandonment, the assessment shall include a request from the director to law
enforcement officials to investigate through the North Carolina Center for
Missing Persons and other national and State resources whether the juvenile is
a missing child.

(a1) All information received by the department of
social services, including the identity of the reporter, shall be held in
strictest confidence by the department, except under the following
circumstances:

(1) The department shall disclose confidential
information to any federal, State, or local government entity or its agent in
order to protect a juvenile from abuse or neglect. Any confidential information
disclosed to any federal, State, or local government entity or its agent under
this subsection shall remain confidential with the other government entity or
its agent and shall only be redisclosed for purposes directly connected with
carrying out that entity's mandated responsibilities.

(1a) The department shall disclose confidential
information regarding the identity of the reporter to any federal, State, or
local government entity or its agent with a court order. The department may
only disclose confidential information regarding the identity of the reporter
to a federal, State, or local government entity or its agent without a court
order when the entity demonstrates a need for the reporter's name to carry out
the entity's mandated responsibilities.

(2) The information may be examined upon request by the
juvenile's guardian ad litem or the juvenile, including a juvenile who has
reached age 18 or been emancipated.

(3) A district or superior court judge of this State
presiding over a civil matter in which the department of social services is not
a party may order the department to release confidential information, after
providing the department with reasonable notice and an opportunity to be heard
and then determining that the information is relevant and necessary to the
trial of the matter before the court and unavailable from any other source.
This subdivision shall not be construed to relieve any court of its duty to
conduct hearings and make findings required under relevant federal law, before
ordering the release of any private medical or mental health information or
records related to substance abuse or HIV status or treatment. The department
of social services may surrender the requested records to the court, for in
camera review, if the surrender is necessary to make the required
determinations.

(4) A district or superior court judge of this State
presiding over a criminal or delinquency matter shall conduct an in camera
review prior to releasing to the defendant or juvenile any confidential records
maintained by the department of social services, except those records the
defendant or juvenile is entitled to pursuant to subdivision (2) of this
subsection.

(5) The department may disclose confidential
information to a parent, guardian, custodian, or caretaker in accordance with
G.S. 7B-700 of this Subchapter.

(a2) If the director, at any time after receiving a
report that a juvenile may be abused, neglected, or dependent, determines that
the juvenile's legal residence is in another county, the director shall
promptly notify the director in the county of the juvenile's residence, and the
two directors shall coordinate efforts to ensure that appropriate actions are
taken.

(b) When a report of a juvenile's death as a result of
suspected maltreatment or a report of suspected abuse, neglect, or dependency
of a juvenile in a noninstitutional setting is received, the director of the
department of social services shall immediately ascertain if other juveniles
live in the home, and, if so, initiate an assessment in order to determine
whether they require protective services or whether immediate removal of the
juveniles from the home is necessary for their protection. When a report of a
juvenile's death as a result of maltreatment or a report of suspected abuse,
neglect, or dependency of a juvenile in an institutional setting such as a
residential child care facility or residential educational facility is
received, the director of the department of social services shall immediately
ascertain if other juveniles remain in the facility subject to the alleged
perpetrator's care or supervision, and, if so, assess the circumstances of
those juveniles in order to determine whether they require protective services
or whether immediate removal of those juveniles from the facility is necessary
for their protection.

(c) If the assessment indicates that abuse, neglect,
or dependency has occurred, the director shall decide whether immediate removal
of the juvenile or any other juveniles in the home is necessary for their
protection. If immediate removal does not seem necessary, the director shall
immediately provide or arrange for protective services. If the parent,
guardian, custodian, or caretaker refuses to accept the protective services
provided or arranged by the director, the director shall sign a petition
seeking to invoke the jurisdiction of the court for the protection of the
juvenile or juveniles.

(d) If immediate removal seems necessary for the
protection of the juvenile or other juveniles in the home, the director shall
sign a petition that alleges the applicable facts to invoke the jurisdiction of
the court. Where the assessment shows that it is warranted, a protective
services worker may assume temporary custody of the juvenile for the juvenile's
protection pursuant to Article 5 of this Chapter.

(d1) Whenever a juvenile is removed from the home of a
parent, guardian, custodian, stepparent, or adult relative entrusted with the
juvenile's care due to physical abuse, the director shall conduct a thorough
review of the background of the alleged abuser or abusers. This review shall
include a criminal history check and a review of any available mental health
records. If the review reveals that the alleged abuser or abusers have a
history of violent behavior against people, the director shall petition the court
to order the alleged abuser or abusers to submit to a complete mental health
evaluation by a licensed psychologist or psychiatrist.

(e) In performing any duties related to the assessment
of the report or the provision or arrangement for protective services, the
director may consult with any public or private agencies or individuals,
including the available State or local law enforcement officers who shall
assist in the assessment and evaluation of the seriousness of any report of
abuse, neglect, or dependency when requested by the director. The director or
the director's representative may make a written demand for any information or
reports, whether or not confidential, that may in the director's opinion be
relevant to the assessment or provision of protective services. Upon the
director's or the director's representative's request and unless protected by
the attorney-client privilege, any public or private agency or individual shall
provide access to and copies of this confidential information and these records
to the extent permitted by federal law and regulations. If a custodian of
criminal investigative information or records believes that release of the
information will jeopardize the right of the State to prosecute a defendant or
the right of a defendant to receive a fair trial or will undermine an ongoing
or future investigation, it may seek an order from a court of competent
jurisdiction to prevent disclosure of the information. In such an action, the
custodian of the records shall have the burden of showing by a preponderance of
the evidence that disclosure of the information in question will jeopardize the
right of the State to prosecute a defendant or the right of a defendant to
receive a fair trial or will undermine an ongoing or future investigation.
Actions brought pursuant to this paragraph shall be set down for immediate
hearing, and subsequent proceedings in the actions shall be accorded priority
by the trial and appellate courts.

(f) Within five working days after receipt of the
report of abuse, neglect, or dependency, the director shall give written notice
to the person making the report, unless requested by that person not to give
notice, as to whether the report was accepted for assessment and whether the
report was referred to the appropriate State or local law enforcement agency.

(g) Within five working days after completion of the
protective services assessment, the director shall give subsequent written
notice to the person making the report, unless requested by that person not to
give notice, as to whether there is a finding of abuse, neglect, or dependency,
whether the county department of social services is taking action to protect
the juvenile, and what action it is taking, including whether or not a petition
was filed. The person making the report shall be informed of procedures
necessary to request a review by the prosecutor of the director's decision not
to file a petition. A request for review by the prosecutor shall be made within
five working days of receipt of the second notification. The second
notification shall include notice that, if the person making the report is not
satisfied with the director's decision, the person may request review of the
decision by the prosecutor within five working days of receipt. The person making
the report may waive the person's right to this notification, and no
notification is required if the person making the report does not identify
himself to the director.

(h) The director or the director's representative may
not enter a private residence for assessment purposes without at least one of
the following:

(1) The reasonable belief that a juvenile is in
imminent danger of death or serious physical injury.

(2) The permission of the parent or person responsible
for the juvenile's care.

(3) The accompaniment of a law enforcement officer who
has legal authority to enter the residence.

(a) If any person obstructs or interferes with an
assessment required by G.S. 7B-302, the director may file a petition naming
that person as respondent and requesting an order directing the respondent to
cease the obstruction or interference. The petition shall contain the name and
date of birth and address of the juvenile who is the subject of the assessment;
shall include a concise statement of the basis for initiating the assessment,
shall specifically describe the conduct alleged to constitute obstruction of or
interference with the assessment; and shall be verified.

(b) For purposes of this section, obstruction of or
interference with an assessment means refusing to disclose the whereabouts of
the juvenile, refusing to allow the director to have personal access to the
juvenile, refusing to allow the director to observe or interview the juvenile
in private, refusing to allow the director access to confidential information
and records upon request pursuant to G.S. 7B-302, refusing to allow the
director to arrange for an evaluation of the juvenile by a physician or other
expert, or other conduct that makes it impossible for the director to carry out
the duty to assess the juvenile's condition.

(c) Upon filing of the petition, the court shall
schedule a hearing to be held not less than five days after service of the
petition and summons on the respondent. Service of the petition and summons and
notice of hearing shall be made as provided by the Rules of Civil Procedure on
the respondent; the juvenile's parent, guardian, custodian, or caretaker; and
any other person determined by the court to be a necessary party. If at the
hearing on the petition the court finds by clear, cogent, and convincing
evidence that the respondent, without lawful excuse, has obstructed or
interfered with an assessment required by G.S. 7B-302, the court may order the
respondent to cease such obstruction or interference. The burden of proof shall
be on the petitioner.

(d) If the director has reason to believe that the
juvenile is in need of immediate protection or assistance, the director shall
so allege in the petition and may seek an ex parte order from the court. If the
court, from the verified petition and any inquiry the court makes of the
director, finds probable cause to believe both that the juvenile is at risk of
immediate harm and that the respondent is obstructing or interfering with the
director's ability to assess the juvenile's condition, the court may enter an
ex parte order directing the respondent to cease the obstruction or
interference. The order shall be limited to provisions necessary to enable the
director to conduct an assessment sufficient to determine whether the juvenile
is in need of immediate protection or assistance. Within 10 days after the
entry of an ex parte order under this subsection, a hearing shall be held to
determine whether there is good cause for the continuation of the order or the
entry of a different order. An order entered under this subsection shall be
served on the respondent along with a copy of the petition, summons, and notice
of hearing.

(e) The director may be required at a hearing under
this section to reveal the identity of any person who made a report of
suspected abuse, neglect, or dependency as required by G.S. 7B-301.

The person making the report shall have five working days,
from receipt of the decision of the director of the department of social
services not to petition the court, to notify the prosecutor that the person is
requesting a review. The prosecutor shall notify the person making the report
and the director of the time and place for the review, and the director shall
immediately transmit to the prosecutor a copy of a summary of the assessment. (1979, c. 815, s. 1; 1998-202, s. 6; 1999-456, s. 60; 2005-55,
s. 6.)

§ 7B-306. Review by prosecutor.

The prosecutor shall review the director's determination that
a petition should not be filed within 20 days after the person making the
report is notified. The review shall include conferences with the person making
the report, the protective services worker, the juvenile, if practicable, and
other persons known to have pertinent information about the juvenile or the
juvenile's family. At the conclusion of the conferences, the prosecutor may
affirm the decision made by the director, may request the appropriate local law
enforcement agency to investigate the allegations, or may direct the director
to file a petition. (1979, c. 815,
s. 1; 1981, c. 469, s. 7; 1993, c. 516, s. 7; 1998-202, s. 6; 1999-456, s. 60.)

§ 7B-307. Duty of director to report evidence of abuse,
neglect; investigation by local law enforcement; notification of Department of
Health and Human Services and State Bureau of Investigation.

(a) If the director finds evidence that a juvenile may
have been abused as defined by G.S. 7B-101, the director shall make an
immediate oral and subsequent written report of the findings to the district
attorney or the district attorney's designee and the appropriate local law
enforcement agency within 48 hours after receipt of the report. The local law
enforcement agency shall immediately, but no later than 48 hours after receipt
of the information, initiate and coordinate a criminal investigation with the
protective services assessment being conducted by the county department of
social services. Upon completion of the investigation, the district attorney
shall determine whether criminal prosecution is appropriate and may request the
director or the director's designee to appear before a magistrate.

If the director receives information that a juvenile may have
been physically harmed in violation of any criminal statute by any person other
than the juvenile's parent, guardian, custodian, or caretaker, the director
shall make an immediate oral and subsequent written report of that information
to the district attorney or the district attorney's designee and to the
appropriate local law enforcement agency within 48 hours after receipt of the
information. The local law enforcement agency shall immediately, but no later
than 48 hours after receipt of the information, initiate a criminal
investigation. Upon completion of the investigation, the district attorney
shall determine whether criminal prosecution is appropriate.

If the report received pursuant to G.S. 7B-301 involves abuse
or neglect of a juvenile in child care, the director shall notify the
Department of Health and Human Services within 24 hours or on the next working
day of receipt of the report.

(b) If the director finds evidence that a juvenile has
been abused or neglected as defined by G.S. 7B-101 in a child care facility,
the director shall immediately so notify the Department of Health and Human
Services and, in the case of sexual abuse, the State Bureau of Investigation,
in such a way as does not violate the law guaranteeing the confidentiality of
the records of the department of social services.

(c) Upon completion of the assessment, the director
shall give the Department written notification of the results of the assessment
required by G.S. 7B-302. Upon completion of an assessment of sexual abuse in a
child care facility, the director shall also make written notification of the
results of the assessment to the State Bureau of Investigation.

(a) Any physician or administrator of a hospital,
clinic, or other medical facility to which a suspected abused juvenile is
brought for medical diagnosis or treatment shall have the right, when
authorized by the chief district court judge of the district or the judge's
designee, to retain physical custody of the juvenile in the facility when the
physician who examines the juvenile certifies in writing that the juvenile who
is suspected of being abused should remain for medical treatment or that,
according to the juvenile's medical evaluation, it is unsafe for the juvenile
to return to the juvenile's parent, guardian, custodian, or caretaker. This
written certification must be signed by the certifying physician and must
include the time and date that the judicial authority to retain custody is
given. Copies of the written certification must be appended to the juvenile's
medical and judicial records and another copy must be given to the juvenile's
parent, guardian, custodian, or caretaker. The right to retain custody in the
facility shall exist for up to 12 hours from the time and date contained in the
written certification.

(b) Immediately upon receipt of judicial authority to
retain custody, the physician, the administrator, or that person's designee
shall so notify the director of social services for the county in which the
facility is located. The director shall treat this notification as a report of
suspected abuse and shall immediately begin an assessment of the case.

(1) If the assessment reveals (i) that it is the
opinion of the certifying physician that the juvenile is in need of medical
treatment to cure or alleviate physical distress or to prevent the juvenile
from suffering serious physical injury, and (ii) that it is the opinion of the
physician that the juvenile should for these reasons remain in the custody of
the facility for 12 hours, but (iii) that the juvenile's parent, guardian,
custodian, or caretaker cannot be reached or, upon request, will not consent to
the treatment within the facility, the director shall within the initial 12-hour
period file a juvenile petition alleging abuse and setting forth supporting
allegations and shall seek a nonsecure custody order. A petition filed and a
nonsecure custody order obtained in accordance with this subdivision shall come
on for hearing under the regular provisions of this Subchapter unless the
director and the certifying physician together voluntarily dismiss the
petition.

(2) In all cases except those described in subdivision
(1) above, the director shall conduct the assessment and may initiate juvenile
proceedings and take all other steps authorized by the regular provisions of
this Subchapter. If the director decides not to file a petition, the physician,
the administrator, or that person's designee may ask the prosecutor to review
this decision according to the provisions of G.S. 7B-305 and G.S. 7B-306.

(c) If, upon hearing, the court determines that the
juvenile is found in a county other than the county of legal residence, in
accord with G.S. 153A-257, the juvenile may be transferred, in accord with G.S.
7B-903(2), to the custody of the department of social services in the county of
residence.

(d) If the court, upon inquiry, determines that the
medical treatment rendered was necessary and appropriate, the cost of that
treatment may be charged to the parents, guardian, custodian, or caretaker, or,
if the parents are unable to pay, to the county of residence in accordance with
G.S. 7B-903 and G.S. 7B-904.

(e) Except as otherwise provided, a petition begun
under this section shall proceed in like manner with petitions begun under G.S.
7B-302.

(f) The procedures in this section are in addition to,
and not in derogation of, the abuse and neglect reporting provisions of G.S. 7B-301
and the temporary custody provisions of G.S. 7B-500. Nothing in this section
shall preclude a physician or administrator and a director of social services
from following the procedures of G.S. 7B-301 and G.S. 7B-500 whenever these
procedures are more appropriate to the juvenile's circumstances. (1979, c. 815, s. 1; 1981, c. 716, s. 2; 1995, c. 255, s. 1;
1998-202, s. 6; 1999-456, s. 60; 2005-55, s. 8.)

§ 7B-309. Immunity of persons reporting and cooperating in
an assessment.

Anyone who makes a report pursuant to this Article, cooperates
with the county department of social services in a protective services
assessment, testifies in any judicial proceeding resulting from a protective
services report or assessment, or otherwise participates in the program
authorized by this Article, is immune from any civil or criminal liability that
might otherwise be incurred or imposed for that action provided that the person
was acting in good faith. In any proceeding involving liability, good faith is
presumed. (1979, c. 815, s. 1; 1981, s. 469, s. 8;
1993, c. 516, s. 9; 1998-202, s. 6; 1999-456, s. 60; 2005-55, s. 9.)

§ 7B-310. Privileges not grounds for failing to report or
for excluding evidence.

No privilege shall be grounds for any person or institution
failing to report that a juvenile may have been abused, neglected, or
dependent, even if the knowledge or suspicion is acquired in an official
professional capacity, except when the knowledge or suspicion is gained by an
attorney from that attorney's client during representation only in the abuse,
neglect, or dependency case. No privilege, except the attorney-client
privilege, shall be grounds for excluding evidence of abuse, neglect, or
dependency in any judicial proceeding (civil, criminal, or juvenile) in which a
juvenile's abuse, neglect, or dependency is in issue nor in any judicial
proceeding resulting from a report submitted under this Article, both as this
privilege relates to the competency of the witness and to the exclusion of
confidential communications. (1979, c. 815, s. 1;
1987, c. 323, s. 1; 1993, c. 514, s. 3; c. 516, s. 10; 1995, c. 509, s. 133;
1998-202, s. 6; 1999-456, s. 60.)

§ 7B-311. Central registry; responsible individuals list.

(a) The Department of Health and Human Services shall
maintain a central registry of abuse, neglect, and dependency cases and child
fatalities that are the result of alleged maltreatment that are reported under
this Article in order to compile data for appropriate study of the extent of
abuse and neglect within the State and to identify repeated abuses of the same
juvenile or of other juveniles in the same family. This data shall be furnished
by county directors of social services to the Department of Health and Human
Services and shall be confidential, subject to rules adopted by the Social
Services Commission providing for its use for study and research and for other
appropriate disclosure. Data shall not be used at any hearing or court
proceeding unless based upon a final judgment of a court of law.

(b) The Department shall also maintain a list of
responsible individuals. The Department may provide information from this list
to child caring institutions, child placing agencies, group home facilities, and
other providers of foster care, child care, or adoption services that need to
determine the fitness of individuals to care for or adopt children. The name of
an individual who has been identified as a responsible individual shall be
placed on the responsible individuals list only after one of the following:

(1) The individual is properly notified pursuant to
G.S. 7B-320 and fails to file a petition for judicial review in a timely
manner.

(2) The court determines that the individual is a
responsible individual as a result of a hearing on the individual's petition
for judicial review.

(3) The individual is criminally convicted as a result
of the same incident involved in an investigative assessment response.

(c) It is unlawful for any public official or public
employee to knowingly and willfully release information from either the central
registry or the responsible individuals list to a person who is not authorized
to receive the information. It is unlawful for any person who is authorized to
receive information from the central registry or the responsible individuals
list to release that information to an unauthorized person. It is unlawful for
any person who is not authorized to receive information from the central
registry or the responsible individuals list to access or attempt to access
that information. A person who commits an offense described in this subsection
is guilty of a Class 3 misdemeanor.

(d) The Social Services Commission shall adopt rules
regarding the operation of the central registry and responsible individuals
list, including procedures for each of the following:

(1) Filing data.

(2) Notifying an individual that the individual has
been determined by the director to be a responsible individual.

(3) Correcting and expunging information.

(4) Determining persons who are authorized to receive
information from the responsible individuals list.

§ 7B-320. Notification to individual determined to be a
responsible individual.

(a) Within five working days after the completion of
an investigative assessment response that results in a determination of abuse
or serious neglect and the identification of a responsible individual, the
director shall personally deliver written notice of the determination to the identified
individual.

(b) If personal written notice is not made within 15
days of the determination and the director has made diligent efforts to locate
the identified individual, the director shall send the notice to the individual
by registered or certified mail, return receipt requested, and addressed to the
individual at the individual's last known address.

(c) The notice shall include all of the following:

(1) A statement informing the individual of the nature
of the investigative assessment response and whether the director determined
abuse or serious neglect or both.

(1a) A statement that the individual has been identified
as a responsible individual.

(2) A statement summarizing the substantial evidence
supporting the director's determination without identifying the reporter or
collateral contacts.

(3) A statement informing the individual that unless
the individual petitions for judicial review, the individual's name will be
placed on the responsible individuals list as provided in G.S. 7B-311, and that
the Department of Health and Human Services may provide information from this
list to child caring institutions, child placing agencies, group home facilities,
and other providers of foster care, child care, or adoption services that need
to determine the fitness of individuals to care for or adopt children.

(4) A clear description of the actions the individual
must take to seek judicial review of the director's determination.

(d) In addition to the notice, the director shall
provide the individual with a copy of a petition for judicial review form. (2005-399, s. 3; 2010-90, s. 5; 2013-129, s. 4.)

(a) Within 15 days of the receipt of notice of the
director's determination under G.S. 7B-320(a) or (b), an individual may file a
petition for judicial review with the district court of the county in which the
abuse or serious neglect report arose. The request shall be by a petition for
judicial review filed with the appropriate clerk of court's office with a copy
delivered in person or by certified mail, return receipt requested, to the
director who determined the abuse or serious neglect and identified the
individual as a responsible individual. The petition for judicial review shall
contain the name, date of birth, and address of the individual seeking judicial
review, the name of the juvenile who was the subject of the determination of
abuse or serious neglect, and facts that invoke the jurisdiction of the court.
Failure to timely file a petition for judicial review constitutes a waiver of
the individual's right to a district court hearing and to contest the placement
of the individual's name on the responsible individuals list.

(a1) If the director cannot show that the individual has
received actual notice, the director shall not place the individual on the
responsible individuals list until an ex parte hearing is held at which a
district court judge determines that the director made diligent efforts to find
the individual. A finding that the individual is evading service is relevant to
the determination that the director made diligent efforts.

(b) The clerk of court shall maintain a separate
docket for judicial review actions. Upon the filing of a petition for judicial
review, the clerk shall calendar the matter for hearing within 45 days from the
date the petition is filed at a session of district court hearing juvenile
matters or, if there is no such session, at the next session of juvenile court.
The clerk shall send notice of the hearing to the petitioner and to the
director who determined the abuse or serious neglect and identified the
individual as a responsible individual. Upon the request of a party, the court
shall close the hearing to all persons, except officers of the court, the
parties, and their witnesses. At the hearing, the director shall have the
burden of proving by a preponderance of the evidence the abuse or serious
neglect and the identification of the individual seeking judicial review as a
responsible individual. The hearing shall be before a judge without a jury. The
rules of evidence applicable in civil cases shall apply. However, the court, in
its discretion, may permit the admission of any reliable and relevant evidence
if the general purposes of the rules of evidence and the interests of justice
will best be served by its admission.

(b1) Upon receipt of a notice of hearing for judicial
review, the director who identified the individual as a responsible individual
shall review all records, reports, and other information gathered during the investigative
assessment response. If after a review, the director determines that there is
not sufficient evidence to support a determination that the individual abused
or seriously neglected the juvenile and is a responsible individual, the
director shall prepare a written statement of the director's determination and
either deliver the statement personally to the individual seeking judicial
review or send the statement by first-class mail. The director shall also give
written notice of the director's determination to the clerk to be placed in the
court file, and the judicial review hearing shall be cancelled with notice of
the cancellation given by the clerk to the petitioner.

(c) At the hearing, the following rights of the
parties shall be preserved:

(1) The right to present sworn evidence, law, or rules
that bear upon the case.

(2) The right to represent themselves or obtain the
services of an attorney at their own expense.

(3) The right to subpoena witnesses, cross-examine
witnesses of the other party, and make a closing argument summarizing the
party's view of the case and the law.

(d) Within 30 days after completion of the hearing, the
court shall enter an order containing findings of fact and conclusions of law.
The clerk shall serve a copy of the order on each party or the party's attorney
of record. If the court concludes that the director has not established by a
preponderance of the evidence abuse or serious neglect or the identification of
the responsible individual, the court shall reverse the director's
determination and order the director not to place the individual's name on the
responsible individuals list. If the court concludes that the director has
established by a preponderance of the evidence abuse or serious neglect and the
identification of the individual seeking judicial review as a responsible
individual, the court shall order the director to place the individual's name
on the responsible individuals list, consistent with the court's order.

(e) Notwithstanding any time limitations contained in
this section or the provisions of G.S. 7B-324(a)(4), upon the filing of a
petition for judicial review by an individual identified by a director as a
responsible individual, the district court of the county in which the abuse or
neglect report arose may review a director's determination of abuse or serious
neglect at any time if the review serves the interests of justice or for
extraordinary circumstances. If the district court undertakes such a review, a
hearing shall be held pursuant to this section at which the director shall have
the burden of establishing by a preponderance of the evidence abuse or serious
neglect and the identification of the individual seeking judicial review as a
responsible individual. If the court concludes that the director has not
established by a preponderance of the evidence abuse or serious neglect or the
identification of the responsible individual, the court shall reverse the
director's determination and order the director to expunge the individual's
name from the responsible individuals list.

(a) An individual who has been identified by a
director as a responsible individual may not petition for judicial review if
any of the following apply:

(1) The individual is criminally convicted as a result
of the same incident. The district attorney shall inform the director of the
result of the criminal proceeding.

(2) Repealed by Session Laws 2013-129, s. 6, effective
October 1, 2013, and applicable to actions filed or pending on or after that
date.

(3) Repealed by Session Laws 2010-90, s. 8, effective
July 11, 2010.

(4) After proper notice, the individual fails to file a
petition for judicial review with the district court in a timely manner.

(5) Repealed by Session Laws 2010-90, s. 8, effective
July 11, 2010.

(b) If an individual seeking judicial review is named
as a respondent in a juvenile court case or a defendant in a criminal court
case resulting from the same incident, the district court judge may stay the
judicial review proceeding. (2005-399, s. 3; 2010-90,
s. 8; 2013-129, s. 6.)

§ 7B-325: Reserved for
future codification purposes.

§ 7B-326: Reserved for
future codification purposes.

§ 7B-327: Reserved for
future codification purposes.

§ 7B-328: Reserved for
future codification purposes.

§ 7B-329: Reserved for
future codification purposes.

§ 7B-330: Reserved for
future codification purposes.

§ 7B-331: Reserved for
future codification purposes.

§ 7B-332: Reserved for
future codification purposes.

§ 7B-333: Reserved for
future codification purposes.

§ 7B-334: Reserved for
future codification purposes.

§ 7B-335: Reserved for
future codification purposes.

§ 7B-336: Reserved for
future codification purposes.

§ 7B-337: Reserved for
future codification purposes.

§ 7B-338: Reserved for
future codification purposes.

§ 7B-339: Reserved for
future codification purposes.

§ 7B-340: Reserved for
future codification purposes.

§ 7B-341: Reserved for
future codification purposes.

§ 7B-342: Reserved for
future codification purposes.

§ 7B-343: Reserved for
future codification purposes.

§ 7B-344: Reserved for
future codification purposes.

§ 7B-345: Reserved for
future codification purposes.

§ 7B-346: Reserved for
future codification purposes.

§ 7B-347: Reserved for
future codification purposes.

§ 7B-348: Reserved for
future codification purposes.

§ 7B-349: Reserved for
future codification purposes.

§ 7B-350: Reserved for
future codification purposes.

§ 7B-351: Reserved for
future codification purposes.

§ 7B-352: Reserved for
future codification purposes.

§ 7B-353: Reserved for
future codification purposes.

§ 7B-354: Reserved for
future codification purposes.

§ 7B-355: Reserved for
future codification purposes.

§ 7B-356: Reserved for
future codification purposes.

§ 7B-357: Reserved for
future codification purposes.

§ 7B-358: Reserved for
future codification purposes.

§ 7B-359: Reserved for
future codification purposes.

§ 7B-360: Reserved for
future codification purposes.

§ 7B-361: Reserved for
future codification purposes.

§ 7B-362: Reserved for
future codification purposes.

§ 7B-363: Reserved for
future codification purposes.

§ 7B-364: Reserved for
future codification purposes.

§ 7B-365: Reserved for
future codification purposes.

§ 7B-366: Reserved for
future codification purposes.

§ 7B-367: Reserved for
future codification purposes.

§ 7B-368: Reserved for
future codification purposes.

§ 7B-369: Reserved for
future codification purposes.

§ 7B-370: Reserved for
future codification purposes.

§ 7B-371: Reserved for
future codification purposes.

§ 7B-372: Reserved for
future codification purposes.

§ 7B-373: Reserved for
future codification purposes.

§ 7B-374: Reserved for
future codification purposes.

§ 7B-375: Reserved for
future codification purposes.

§ 7B-376: Reserved for
future codification purposes.

§ 7B-377: Reserved for
future codification purposes.

§ 7B-378: Reserved for
future codification purposes.

§ 7B-379: Reserved for
future codification purposes.

§ 7B-380: Reserved for
future codification purposes.

§ 7B-381: Reserved for
future codification purposes.

§ 7B-382: Reserved for
future codification purposes.

§ 7B-383: Reserved for
future codification purposes.

§ 7B-384: Reserved for
future codification purposes.

§ 7B-385: Reserved for
future codification purposes.

§ 7B-386: Reserved for
future codification purposes.

§ 7B-387: Reserved for
future codification purposes.

§ 7B-388: Reserved for
future codification purposes.

§ 7B-389: Reserved for
future codification purposes.

§ 7B-390: Reserved for
future codification purposes.

§ 7B-391: Reserved for
future codification purposes.

§ 7B-392: Reserved for
future codification purposes.

§ 7B-393: Reserved for
future codification purposes.

§ 7B-394: Reserved for
future codification purposes.

§ 7B-395: Reserved for
future codification purposes.

§ 7B-396: Reserved for
future codification purposes.

§ 7B-397: Reserved for
future codification purposes.

§ 7B-398: Reserved for
future codification purposes.

§ 7B-399: Reserved for
future codification purposes.

Article 4.

Venue; Petitions.

§ 7B-400. Venue.

(a) A proceeding in which a juvenile is alleged to be
abused, neglected, or dependent may be commenced in the district in which the
juvenile resides or is present. Notwithstanding G.S. 153A-257, the absence of a
juvenile from the juvenile's home pursuant to a protection plan during an
assessment or the provision of case management services by a department of
social services shall not change the original venue if it subsequently becomes
necessary to file a juvenile petition.

(b) When the director in one county conducts an
assessment pursuant to G.S. 7B-302 in another county because a conflict of
interest exists, the director in the county conducting the assessment may file
a resulting petition in either county.

(c) For good cause, the court may grant motion for
change of venue before adjudication. A pre-adjudication change of venue shall
not affect the identity of the petitioner.

(a) The pleading in an abuse, neglect, or dependency
action is the petition. The process in an abuse, neglect, or dependency action
is the summons.

(b) If the court has retained jurisdiction over a
juvenile whose custody was granted to a parent and there are no periodic
judicial reviews of the placement, the provisions of Article 8 of this
subchapter shall apply to any subsequent report of abuse, neglect, or
dependency determined by the director of social services to require court
action pursuant to G.S. 7B-302. (1979, c. 815, s. 1;
1998-202, s. 6; 1999-456, s. 60; 2013-129, s. 8.)

§ 7B-401.1. Parties.

(a) Petitioner. - Only a county director of social
services or the director's authorized representative may file a petition
alleging that a juvenile is abused, neglected, or dependent. The petitioner
shall remain a party until the court terminates its jurisdiction in the case.

(b) Parents. - The juvenile's parent shall be a party
unless one of the following applies:

(1) The parent's rights have been terminated.

(2) The parent has relinquished the juvenile for
adoption, unless the court orders that the parent be made a party.

(3) The parent has been convicted under G.S. 14-27.2 or
G.S. 14-27.3 for an offense that resulted in the conception of the juvenile.

(c) Guardian. - A person who is the child's court-appointed
guardian of the person or general guardian when the petition is filed shall be
a party. A person appointed as the child's guardian pursuant to G.S. 7B-600
shall automatically become a party but only if the court has found that the
guardianship is the permanent plan for the juvenile.

(d) Custodian. - A person who is the juvenile's
custodian, as defined in G.S. 7B-101(8), when the petition is filed shall be a
party. A person to whom custody of the juvenile is awarded in the juvenile
proceeding shall automatically become a party but only if the court has found
that the custody arrangement is the permanent plan for the juvenile.

(e) Caretaker. - A caretaker shall be a party only if
(i) the petition includes allegations relating to the caretaker, (ii) the
caretaker has assumed the status and obligation of a parent, or (iii) the court
orders that the caretaker be made a party.

(f) The Juvenile. - The juvenile shall be a party.

(g) Removal of a Party. - If a guardian, custodian, or
caretaker is a party, the court may discharge that person from the proceeding,
making the person no longer a party, if the court finds that the person does
not have legal rights that may be affected by the action and that the person's
continuation as a party is not necessary to meet the juvenile's needs.

(h) Intervention. - Except as provided in G.S. 7B-1103(b),
the court shall not allow intervention by a person who is not the juvenile's
parent, guardian, custodian, or caretaker but may allow intervention by another
county department of social services that has an interest in the proceeding.
This section shall not prohibit the court from consolidating a juvenile
proceeding with a civil action or claim for custody pursuant to G.S. 7B-200. (2013-129, s. 9.)

§ 7B-402. Petition.

(a) The petition shall contain the name, date of
birth, address of the juvenile, the name and last known address of each party
as determined by G.S. 7B-401.1, and allegations of facts sufficient to invoke
jurisdiction over the juvenile. The petition may contain information on more
than one juvenile when the juveniles are from the same home and are before the
court for the same reason.

(b) The petition, or an affidavit attached to the
petition, shall contain the information required by G.S. 50A-209.

(c) Sufficient copies of the petition shall be
prepared so that copies will be available for each party named in the petition,
except the juvenile, and for the juvenile's guardian ad litem, the social
worker, and any person determined by the court to be a necessary party.

(d) If the petition is filed in a county other than the
county of the juvenile's residence, the petitioner shall provide a copy of the
petition and any notices of hearing to the director of the department of social
services in the county of the juvenile's residence. (1979,
c. 815, s. 1; 1981, c. 469, s. 9; 1998-202, s. 6; 1999-456, s. 60; 2004-128, s.
11; 2005-320, s. 3; 2009-311, s. 3; 2010-90, s. 9; 2013-129, s. 10.)

§ 7B-403. Receipt of reports; filing of petition.

(a) All reports concerning a juvenile alleged to be
abused, neglected, or dependent shall be referred to the director of the
department of social services for screening. Thereafter, if it is determined by
the director that a report should be filed as a petition, the petition shall be
drawn by the director, verified before an official authorized to administer
oaths, and filed by the clerk, recording the date of filing.

(b) A decision of the director of social services not
to file a report as a petition shall be reviewed by the prosecutor if review is
requested pursuant to G.S. 7B-305. (1979, c. 815, s.
1; 1981, c. 469, ss. 10, 11; 1998-202, s. 6; 1999-456, s. 60.)

§ 7B-404. Immediate need for petition when clerk's office is
closed.

(a) When the office of the clerk is closed, a
magistrate may be authorized by the chief district court judge to draw, verify,
and issue petitions as follows:

(1) When the director of the department of social
services requests a petition alleging a juvenile to be abused, neglected, or
dependent, or

(2) When the director of the department of social
services requests a petition alleging the obstruction of or interference with
an assessment required by G.S. 7B-302.

(b) The authority of the magistrate under this section
is limited to emergency situations when a petition is required in order to
obtain a nonsecure custody order or an order under G.S. 7B-303. Any petition
issued under this section shall be delivered to the clerk's office for
processing as soon as that office is open for business. (1979, c. 815, s. 1; 1987, c. 409, s. 3; 1998-202, s. 6;
1999-456, s. 60; 2005-55, s. 10.)

§ 7B-405. Commencement of action.

An action is commenced by the filing of a petition in the
clerk's office when that office is open or by the issuance of a juvenile
petition by a magistrate when the clerk's office is closed, which issuance
shall constitute filing. (1979, c. 815, s. 1; 1998-202,
s. 6; 1999-456, s. 60.)

§ 7B-406. Issuance of summons.

(a) Immediately after a petition has been filed
alleging that a juvenile is abused, neglected, or dependent, the clerk shall
issue a summons to each party named in the petition, except the juvenile,
requiring them to appear for a hearing at the time and place stated in the
summons. A copy of the petition shall be attached to each summons. Service of
the summons shall be completed as provided in G.S. 7B-407, but the parent of
the juvenile shall not be deemed to be under a disability even though the
parent is a minor.

(b) A summons shall be on a printed form supplied by
the Administrative Office of the Courts and shall include each of the
following:

(1) Notice of the nature of the proceeding.

(2) Notice of any right to counsel and information
about how a parent may seek the appointment of counsel prior to a hearing if
provisional counsel is not identified.

(2a) Repealed by Session Laws 2013-129, s. 11, effective
October 1, 2013, and applicable to actions filed or pending on or after that
date.

(3) Notice that, if the court determines at the hearing
that the allegations of the petition are true, the court will conduct a
dispositional hearing to consider the needs of the juvenile and enter an order
designed to meet those needs and the objectives of the State.

(4) Notice that the dispositional order or a subsequent
order:

a. May remove the juvenile from the custody of the
parent, guardian, or custodian.

b. May require that the juvenile receive medical,
psychiatric, psychological, or other treatment and that the parent participate
in the treatment.

c. May require the parent to undergo psychiatric,
psychological, or other treatment or counseling for the purpose of remedying
the behaviors or conditions that are alleged in the petition or that
contributed to the removal of the juvenile from the custody of that person.

d. May order the parent to pay for treatment that is
ordered for the juvenile or the parent.

e. May, upon proper notice and hearing and a finding
based on the criteria set out in G.S. 7B-1111, terminate the parental rights of
the respondent parent.

(c) The summons shall advise the parent that upon
service, jurisdiction over that person is obtained and that failure to comply
with any order of the court pursuant to G.S. 7B-904 may cause the court to
issue a show cause order for contempt.

The summons shall be served under G.S. 1A-1, Rule 4(j) upon
the parent, guardian, custodian, or caretaker, not less than five days prior to
the date of the scheduled hearing. The time for service may be waived in the
discretion of the court.

If service by publication under G.S. 1A-1, Rule 4(j1) is
required, the cost of the service by publication shall be advanced by the
petitioner and may be charged as court costs as the court may direct. (1979, c. 815, s. 1; 1998-202, s. 6; 1999-456, s. 60; 2003-304,
s. 1; 2013-129, s. 12.)

§ 7B-408. Copy of petition and notices to guardian ad litem.

Immediately after a petition has been filed alleging that a
juvenile is abused or neglected, the clerk shall provide a copy of the petition
and any notices of hearings to the local guardian ad litem office. (2003-140, s. 6)

(a) Temporary custody means the taking of physical
custody and providing personal care and supervision until a court order for
nonsecure custody can be obtained. A juvenile may be taken into temporary
custody without a court order by a law enforcement officer or a department of
social services worker if there are reasonable grounds to believe that the
juvenile is abused, neglected, or dependent and that the juvenile would be
injured or could not be taken into custody if it were first necessary to obtain
a court order. If a department of social services worker takes a juvenile into
temporary custody under this section, the worker may arrange for the placement,
care, supervision, and transportation of the juvenile.

(b) The following individuals shall, without a court
order, take into temporary custody an infant under seven days of age that is
voluntarily delivered to the individual by the infant's parent who does not
express an intent to return for the infant:

(1) A health care provider, as defined under G.S. 90-21.11,
who is on duty or at a hospital or at a local or district health department or
at a nonprofit community health center.

(2) A law enforcement officer who is on duty or at a
police station or sheriff's department.

(3) A social services worker who is on duty or at a
local department of social services.

(4) A certified emergency medical service worker who is
on duty or at a fire or emergency medical services station.

(c) An individual who takes an infant into temporary
custody under subsection (b) of this section shall perform any act necessary to
protect the physical health and well-being of the infant and shall immediately
notify the department of social services or a local law enforcement agency. Any
individual who takes an infant into temporary custody under subsection (b) of
this section may inquire as to the parents' identities and as to any relevant
medical history, but the parent is not required to provide the information. The
individual shall notify the parent that the parent is not required to provide
the information.

(d) Any adult may, without a court order, take into
temporary custody an infant under seven days of age that is voluntarily
delivered to the individual by the infant's parent who does not express an
intent to return for the infant. Any individual who takes an infant into
temporary custody under this section shall perform any act necessary to protect
the physical health and well-being of the infant and shall immediately notify
the department of social services or a local law enforcement agency. An
individual who takes an infant into temporary custody under this subsection may
inquire as to the parents' identities and as to any relevant medical history,
but the parent is not required to provide the information. The individual shall
notify the parent that the parent is not required to provide the information.

(e) An individual described in subsection (b) or (d)
of this section is immune from any civil or criminal liability that might
otherwise be incurred or imposed as a result of any omission or action taken
pursuant to the requirements of subsection (c) or (d) of this section as long
as that individual was acting in good faith. The immunity established by this
subsection does not extend to gross negligence, wanton conduct, or intentional
wrongdoing that would otherwise be actionable. (1979,
c. 815, s. 1; 1985, c. 408, s. 1; 1985 (Reg. Sess., 1986), c. 863, s. 1; 1994,
Ex. Sess., c. 27, s. 2; 1995, c. 391, s. 1; 1997-443, s. 11A.118(a); 1998-202,
s. 6; 1999-456, s. 60; 2001-291, s. 2.)

§ 7B-501. Duties of person taking juvenile into temporary
custody.

(a) A person who takes a juvenile into custody without
a court order under G.S. 7B-500 shall proceed as follows:

(1) Notify the juvenile's parent, guardian, custodian,
or caretaker that the juvenile has been taken into temporary custody and advise
the parent, guardian, custodian, or caretaker of the right to be present with
the juvenile until a determination is made as to the need for nonsecure
custody. Failure to notify the parent that the juvenile is in custody shall not
be grounds for release of the juvenile.

(2) Release the juvenile to the juvenile's parent,
guardian, custodian, or caretaker if the person having the juvenile in
temporary custody decides that continued custody is unnecessary.

(3) The person having temporary custody shall
communicate with the director of the department of social services who shall
consider prehearing diversion. If the decision is made to file a petition, the
director shall contact the judge or person delegated authority pursuant to G.S.
7B-502 for a determination of the need for continued custody.

(b) A juvenile taken into temporary custody under this
Article shall not be held for more than 12 hours, or for more than 24 hours if
any of the 12 hours falls on a Saturday, Sunday, or legal holiday, unless:

(1) A petition or motion for review has been filed by
the director of the department of social services, and

In the case of any juvenile alleged to be within the
jurisdiction of the court, the court may order that the juvenile be placed in
nonsecure custody pursuant to criteria set out in G.S. 7B-503 when custody of
the juvenile is necessary.

Any district court judge shall have the authority to issue
nonsecure custody orders pursuant to G.S. 7B-503. The chief district court
judge may delegate the court's authority to persons other than district court
judges by administrative order which shall be filed in the office of the clerk
of superior court. The administrative order shall specify which persons shall
be contacted for approval of a nonsecure custody order pursuant to G.S. 7B-503.
(1979, c. 815, s. 1; 1981, c. 425; 1983, c. 590, s. 1;
1998-202, s. 6; 1999-456, s. 60.)

§ 7B-503. Criteria for nonsecure custody.

(a) When a request is made for nonsecure custody, the
court shall first consider release of the juvenile to the juvenile's parent,
relative, guardian, custodian, or other responsible adult. An order for
nonsecure custody shall be made only when there is a reasonable factual basis
to believe the matters alleged in the petition are true, and any of the
following apply:

(1) The juvenile has been abandoned.

(2) The juvenile has suffered physical injury or sexual
abuse.

(3) The juvenile is exposed to a substantial risk of
physical injury or sexual abuse because the parent, guardian, custodian, or
caretaker has created the conditions likely to cause injury or abuse or has
failed to provide, or is unable to provide, adequate supervision or protection.

(4) The juvenile is in need of medical treatment to
cure, alleviate, or prevent suffering serious physical harm which may result in
death, disfigurement, or substantial impairment of bodily functions, and the
juvenile's parent, guardian, custodian, or caretaker is unwilling or unable to
provide or consent to the medical treatment.

(5) The parent, guardian, custodian, or caretaker
consents to the nonsecure custody order.

(6) The juvenile is a runaway and consents to nonsecure
custody.

A juvenile alleged to be abused, neglected, or dependent shall
be placed in nonsecure custody only when there is a reasonable factual basis to
believe that there are no other reasonable means available to protect the
juvenile. In no case shall a juvenile alleged to be abused, neglected, or dependent
be placed in secure custody.

(b) Whenever a petition is filed under G.S. 7B-302(d1),
the court shall rule on the petition prior to returning the child to a home
where the alleged abuser or abusers are or have been present. If the court
finds that the alleged abuser or abusers have a history of violent behavior
against people, the court shall order the alleged abuser or abusers to submit
to a complete mental health evaluation by a licensed psychologist or
psychiatrist. The court may order the alleged abuser or abusers to pay the cost
of any mental health evaluation required under this section. (1979, c. 815, s. 1; 1981, c. 426, ss. 1-4; c. 526; 1983,
c. 590, ss. 2-6; 1987, c. 101; 1987 (Reg. Sess., 1988), c. 1090, s. 3; 1989, c.
550; 1998-202, s. 6; 1999-318, s. 4; 1999-456, s. 60; 2011-295, s. 2.)

§ 7B-504. Order for nonsecure custody.

The custody order shall be in writing and shall direct a law
enforcement officer or other authorized person to assume custody of the
juvenile and to make due return on the order. A copy of the order shall be
given to the juvenile's parent, guardian, custodian, or caretaker by the
official executing the order.

An officer receiving an order for custody which is complete
and regular on its face may execute it in accordance with its terms. The
officer is not required to inquire into the regularity or continued validity of
the order and shall not incur criminal or civil liability for its due service. (1979, c. 815, s. 1; 1989, c. 124; 1998-202, s. 6; 1999-456,
s. 60.)

§ 7B-505. Placement while in nonsecure custody.

(a) A juvenile meeting the criteria set out in G.S. 7B-503
may be placed in nonsecure custody with the department of social services or a
person designated in the order for temporary residential placement in:

(1) A licensed foster home or a home otherwise
authorized by law to provide such care; or

(2) A facility operated by the department of social
services; or

(3) Any other home or facility, including a relative's
home approved by the court and designated in the order.

(b) In placing a juvenile in nonsecure custody under
this section, the court shall first consider whether a relative of the juvenile
is willing and able to provide proper care and supervision of the juvenile in a
safe home. If the court finds that the relative is willing and able to provide
proper care and supervision in a safe home, then the court shall order
placement of the juvenile with the relative unless the court finds that
placement with the relative would be contrary to the best interests of the
juvenile.

(c) If the court does not place the juvenile with a
relative, the court may consider whether nonrelative kin is willing and able to
provide proper care and supervision of the juvenile in a safe home. Nonrelative
kin is an individual having a substantial relationship with the juvenile. In
the case of a juvenile member of a State-recognized tribe as set forth in G.S.
143B-407(a), nonrelative kin also includes any member of a State-recognized
tribe or a member of a federally recognized tribe, whether or not there is a
substantial relationship with the juvenile. The court may order the Department
to notify the juvenile's State-recognized tribe of the need for nonsecure
custody for the purpose of locating relatives or nonrelative kin for placement.
The court may order placement of the juvenile with nonrelative kin if the court
finds the placement is in the juvenile's best interests.

(d) In placing a juvenile in nonsecure custody under
this section, the court shall also consider whether it is in the juvenile's
best interest to remain in the juvenile's community of residence. In placing a
juvenile in nonsecure custody under this section, the court shall consider the
Indian Child Welfare Act, Pub. L. No. 95-608, 25 U.S.C. §§ 1901, et seq., as
amended, and the Howard M. Metzenbaum Multiethnic Placement Act of 1994, Pub.
L. No. 103-382, 108 Stat. 4056, as amended, as they may apply. Placement of a
juvenile with a relative outside of this State must be in accordance with the
Interstate Compact on the Placement of Children, Article 38 of this Chapter. (1979, c. 815, s. 1; 1983, c. 639, ss. 1, 2; 1997-390, s.
4; 1997-443, s. 11A.118(a); 1998-202, s. 6; 1998-229, ss. 3, 20; 1999-456, s.
60; 2002-164, s. 4.7; 2013-129, s. 13.)

§ 7B-506. Hearing to determine need for continued nonsecure
custody.

(a) No juvenile shall be held under a nonsecure
custody order for more than seven calendar days without a hearing on the merits
or a hearing to determine the need for continued custody. A hearing on
nonsecure custody conducted under this subsection may be continued for up to 10
business days with the consent of the juvenile's parent, guardian, custodian,
or caretaker and, if appointed, the juvenile's guardian ad litem. In addition,
the court may require the consent of additional parties or may schedule the
hearing on custody despite a party's consent to a continuance. In every case in
which an order has been entered by an official exercising authority delegated
pursuant to G.S. 7B-502, a hearing to determine the need for continued custody
shall be conducted on the day of the next regularly scheduled session of
district court in the city or county where the order was entered if such
session precedes the expiration of the applicable time period set forth in this
subsection: Provided, that if such session does not precede the expiration of
the time period, the hearing may be conducted at another regularly scheduled
session of district court in the district where the order was entered.

(b) At a hearing to determine the need for continued
custody, the court shall receive testimony and shall allow the guardian ad
litem, or juvenile, and the juvenile's parent, guardian, custodian, or
caretaker the right to introduce evidence, to be heard in the person's own
behalf, and to examine witnesses. The petitioner shall bear the burden at every
stage of the proceedings to provide clear and convincing evidence that the
juvenile's placement in custody is necessary. The court shall not be bound by
the usual rules of evidence at such hearings.

(c) The court shall be bound by criteria set forth in
G.S. 7B-503 in determining whether continued custody is warranted.

(c1) In determining whether continued custody is
warranted, the court shall consider the opinion of the mental health
professional who performed an evaluation under G.S. 7B-503(b) before returning
the juvenile to the custody of that individual.

(d) If the court determines that the juvenile meets the
criteria in G.S. 7B-503 and should continue in custody, the court shall issue
an order to that effect. The order shall be in writing with appropriate
findings of fact and signed and entered within 30 days of the completion of the
hearing. The findings of fact shall include the evidence relied upon in
reaching the decision and purposes which continued custody is to achieve.

(e) If the court orders at the hearing required in
subsection (a) of this section that the juvenile remain in custody, a
subsequent hearing on continued custody shall be held within seven business days
of that hearing, excluding Saturdays, Sundays, and legal holidays when the
courthouse is closed for transactions, and pending a hearing on the merits,
hearings thereafter shall be held at intervals of no more than 30 calendar
days.

(f) Hearings conducted under subsection (e) of this
section may be waived only with the consent of the juvenile's parent, guardian,
custodian, or caretaker, and, if appointed, the juvenile's guardian ad litem.

The court may require the consent of additional parties or
schedule a hearing despite a party's consent to waiver.

(g) In addition to the hearings required under this
section, any party may schedule a hearing on the issue of placement.

(h) At each hearing to determine the need for
continued custody, the court shall determine the following:

(1) Inquire as to the identity and location of any
missing parent and whether paternity is at issue. The court shall include
findings as to the efforts undertaken to locate the missing parent and to serve
that parent, as well as efforts undertaken to establish paternity when
paternity is an issue. The order may provide for specific efforts aimed at
determining the identity and location of any missing parent, as well as
specific efforts aimed at establishing paternity.

(2) Inquire about efforts made to identify and notify
relatives as potential resources for placement or support and as to whether a
relative of the juvenile is willing and able to provide proper care and
supervision of the juvenile in a safe home. If the court finds that the
relative is willing and able to provide proper care and supervision in a safe
home, then the court shall order temporary placement of the juvenile with the
relative unless the court finds that placement with the relative would be
contrary to the best interests of the juvenile. In placing a juvenile in
nonsecure custody under this section, the court shall consider the Indian Child
Welfare Act, Pub. L. No. 95-608, 25 U.S.C. §§ 1901, et seq., as amended, and
the Howard M. Metzenbaum Multiethnic Placement Act of 1994, Pub. L. No. 103-382,
108 Stat. 4056, as amended, as they may apply. Placement of a juvenile with a
relative outside of this State must be in accordance with the Interstate
Compact on the Placement of Children set forth in Article 38 of this Chapter.

(2a) If the court does not place the juvenile with a
relative, the court may consider whether nonrelative kin is willing and able to
provide proper care and supervision of the juvenile in a safe home. Nonrelative
kin is an individual having a substantial relationship with the juvenile. In
the case of a juvenile member of a State-recognized tribe as set forth in G.S.
143B-407(a), nonrelative kin also includes any member of a State-recognized
tribe or a member of a federally recognized tribe, whether or not there is a
substantial relationship with the juvenile. The court may order the Department
to notify the juvenile's State-recognized tribe of the need for nonsecure
custody for the purpose of locating relatives or nonrelative kin for placement.
The court may order placement of the juvenile with nonrelative kin if the court
finds the placement is in the juvenile's best interests.

(a) An order placing or continuing the placement of a
juvenile in the custody or placement responsibility of a county department of
social services, whether an order for continued nonsecure custody, a
dispositional order, or a review order:

(1) Shall contain a finding that the juvenile's
continuation in or return to the juvenile's own home would be contrary to the
juvenile's best interest;

(2) Shall contain specific findings as to whether a
county department of social services has made reasonable efforts to either
prevent the need for placement or eliminate the need for placement of the
juvenile, unless the court has previously determined under subsection (b) of
this section that such efforts are not required or shall cease;

(3) Shall contain findings as to whether a county
department of social services should continue to make reasonable efforts to
prevent or eliminate the need for placement of the juvenile, unless the court
has previously determined or determines under subsection (b) of this section
that such efforts are not required or shall cease;

(4) Shall specify that the juvenile's placement and
care are the responsibility of the county department of social services and
that the department is to provide or arrange for the foster care or other
placement of the juvenile. After considering the department's recommendations,
the court may order a specific placement the court finds to be in the juvenile's
best interest; and

(5) May provide for services or other efforts aimed at
returning the juvenile to a safe home or at achieving another permanent plan
for the juvenile.

A finding that reasonable efforts have not been made by a county
department of social services shall not preclude the entry of an order
authorizing the juvenile's placement when the court finds that placement is
necessary for the protection of the juvenile. Where efforts to prevent the need
for the juvenile's placement were precluded by an immediate threat of harm to
the juvenile, the court may find that the placement of the juvenile in the
absence of such efforts was reasonable.

(b) In any order placing a juvenile in the custody or
placement responsibility of a county department of social services, whether an
order for continued nonsecure custody, a dispositional order, or a review
order, the court may direct that reasonable efforts to eliminate the need for
placement of the juvenile shall not be required or shall cease if the court makes
written findings of fact that:

(1) Such efforts clearly would be futile or would be
inconsistent with the juvenile's health, safety, and need for a safe, permanent
home within a reasonable period of time;

(2) A court of competent jurisdiction has determined
that the parent has subjected the child to aggravated circumstances as defined
in G.S. 7B-101;

(3) A court of competent jurisdiction has terminated
involuntarily the parental rights of the parent to another child of the parent;
or

(4) A court of competent jurisdiction has determined
that: the parent has committed murder or voluntary manslaughter of another
child of the parent; has aided, abetted, attempted, conspired, or solicited to
commit murder or voluntary manslaughter of the child or another child of the
parent; has committed a felony assault resulting in serious bodily injury to
the child or another child of the parent; has committed sexual abuse against
the child or another child of the parent; or has been required to register as a
sex offender on any government-administered registry.

(c) When the court determines that reunification
efforts are not required or shall cease, the court shall order a plan for
permanence as soon as possible, after providing each party with a reasonable
opportunity to prepare and present evidence. If the court's determination to
cease reunification efforts is made in a hearing that was duly and timely
noticed as a permanency planning hearing, then the court may immediately
proceed to consider all of the criteria contained in G.S. 7B-906.1(e), make
findings of fact, and set forth the best plan of care to achieve a safe,
permanent home within a reasonable period of time. If the court's decision to
cease reunification efforts arises in any other hearing, the court shall schedule
a subsequent hearing within 30 days to address the permanent plan in accordance
with G.S. 7B-906.1. At any hearing at which the court orders that reunification
efforts shall cease, the affected parent, guardian, or custodian may give
notice to preserve the right to appeal that order in accordance with G.S. 7B-1001.
The party giving notice shall be permitted to make a detailed offer of proof as
to any evidence that party sought to offer in opposition to cessation of
reunification that the court refused to admit.

(d) In determining reasonable efforts to be made with
respect to a juvenile and in making such reasonable efforts, the juvenile's
health and safety shall be the paramount concern. Reasonable efforts to
preserve or reunify families may be made concurrently with efforts to plan for
the juvenile's adoption, to place the juvenile with a legal guardian, or to
place the juvenile in another permanent arrangement. (1998-229,
ss. 4.1, 21.1; 1999-456, s. 60; 2001-487, s. 2; 2005-398, s. 1; 2011-295, s. 3;
2013-129, s. 15; 2013-378, s. 1.)

§ 7B-508. Telephonic communication authorized.

All communications, notices, orders, authorizations, and
requests authorized or required by G.S. 7B-501, 7B-503, and 7B-504 may be made
by telephone when other means of communication are impractical. All written
orders pursuant to telephonic communication shall bear the name and the title
of the person communicating by telephone, the signature and the title of the
official entering the order, and the hour and the date of the authorization. (1979, c. 815, s. 1; 1981, c. 469, s. 13; 1987 (Reg. Sess.,
1988), c. 1090, s. 4; 1994, Ex. Sess., c. 27, s. 1; 1997-390, ss. 5, 6; 1998-202,
s. 6; 1998-229, s. 4; 1999-456, s. 60.)

Article 6.

Basic Rights.

§ 7B-600. Appointment of guardian.

(a) In any case when no parent appears in a hearing
with the juvenile or when the court finds it would be in the best interests of
the juvenile, the court may appoint a guardian of the person for the juvenile.
The guardian shall operate under the supervision of the court with or without
bond and shall file only such reports as the court shall require. The guardian
shall have the care, custody, and control of the juvenile or may arrange a
suitable placement for the juvenile and may represent the juvenile in legal
actions before any court. The guardian may consent to certain actions on the
part of the juvenile in place of the parent including (i) marriage, (ii)
enlisting in the Armed Forces of the United States, and (iii) enrollment in
school. The guardian may also consent to any necessary remedial, psychological,
medical, or surgical treatment for the juvenile. The authority of the guardian
shall continue until the guardianship is terminated by court order, until the
juvenile is emancipated pursuant to Article 35 of Subchapter IV of this
Chapter, or until the juvenile reaches the age of majority.

(b) In any case where the court has determined that
the appointment of a relative or other suitable person as guardian of the
person for a juvenile is the permanent plan for the juvenile and appoints a
guardian under this section, the guardian becomes a party to the proceeding.
The court may terminate the guardianship only if (i) the court finds that the
relationship between the guardian and the juvenile is no longer in the
juvenile's best interest, (ii) the guardian is unfit, (iii) the guardian has
neglected a guardian's duties, or (iv) the guardian is unwilling or unable to
continue assuming a guardian's duties.

(b1) If a party files a motion under G.S. 7B-906.1 or
G.S. 7B-1000, the court may, prior to conducting a review hearing, do one or
more of the following:

(1) Order the county department of social services to
conduct an investigation and file a written report of the investigation
regarding the performance of the guardian of the person of the juvenile and
give testimony concerning its investigation.

(2) Utilize the community resources in behavioral
sciences and other professions in the investigation and study of the guardian.

(3) Ensure that a guardian ad litem has been appointed
for the juvenile in accordance with G.S. 7B-601 and has been notified of the
pending motion or petition.

(4) Take any other action necessary in order to make a
determination in a particular case.

(c) If the court appoints an individual guardian of
the person pursuant to this section, the court shall verify that the person
being appointed as guardian of the juvenile understands the legal significance
of the appointment and will have adequate resources to care appropriately for
the juvenile. (1979, c. 815, s. 1; 1997-390, s. 7;
1998-202, s. 6; 1999-456, s. 60; 2000-124, s. 1; 2003-140, s. 9(a); 2011-183,
s. 3; 2011-295, s. 4; 2013-129, s. 16.)

§ 7B-601. Appointment and duties of guardian ad litem.

(a) When in a petition a juvenile is alleged to be
abused or neglected, the court shall appoint a guardian ad litem to represent
the juvenile. When a juvenile is alleged to be dependent, the court may appoint
a guardian ad litem to represent the juvenile. The juvenile is a party in all
actions under this Subchapter. The guardian ad litem and attorney advocate have
standing to represent the juvenile in all actions under this Subchapter where
they have been appointed. The appointment shall be made pursuant to the program
established by Article 12 of this Chapter unless representation is otherwise
provided pursuant to G.S. 7B-1202 or G.S. 7B-1203. The appointment shall
terminate when the permanent plan has been achieved for the juvenile and
approved by the court. The court may reappoint the guardian ad litem pursuant
to a showing of good cause upon motion of any party, including the guardian ad
litem, or of the court. In every case where a nonattorney is appointed as a
guardian ad litem, an attorney shall be appointed in the case in order to
assure protection of the juvenile's legal rights throughout the proceeding. The
duties of the guardian ad litem program shall be to make an investigation to
determine the facts, the needs of the juvenile, and the available resources
within the family and community to meet those needs; to facilitate, when
appropriate, the settlement of disputed issues; to offer evidence and examine
witnesses at adjudication; to explore options with the court at the
dispositional hearing; to conduct follow-up investigations to insure that the
orders of the court are being properly executed; to report to the court when
the needs of the juvenile are not being met; and to protect and promote the
best interests of the juvenile until formally relieved of the responsibility by
the court.

(b) The court may authorize the guardian ad litem to
accompany the juvenile to court in any criminal action wherein the juvenile may
be called on to testify in a matter relating to abuse.

(c) The guardian ad litem has the authority to obtain
any information or reports, whether or not confidential, that may in the
guardian ad litem's opinion be relevant to the case. No privilege other than
the attorney-client privilege may be invoked to prevent the guardian ad litem
and the court from obtaining such information. The confidentiality of the
information or reports shall be respected by the guardian ad litem, and no
disclosure of any information or reports shall be made to anyone except by
order of the court or unless otherwise provided by law. (1979, c. 815, s. 1; 1981, c. 528; 1983, c. 761, s. 159;
1987 (Reg. Sess., 1988), c. 1090, s. 5; 1993, c. 537, s. 1; 1995, c. 324, s.
21.13; 1998-202, s. 6; 1999-432, s. 1; 1999-456, s. 60.)

§ 7B-602. Parent's right to counsel; guardian ad litem.

(a) In cases where the juvenile petition alleges that
a juvenile is abused, neglected, or dependent, the parent has the right to
counsel and to appointed counsel in cases of indigency unless that person
waives the right. When a petition is filed alleging that a juvenile is abused,
neglected, or dependent, the clerk shall appoint provisional counsel for each
parent named in the petition in accordance with rules adopted by the Office of
Indigent Defense Services and shall indicate the appointment on the juvenile summons
or attached notice. At the first hearing, the court shall dismiss the
provisional counsel if the respondent parent:

(1) Does not appear at the hearing;

(2) Does not qualify for court-appointed counsel;

(3) Has retained counsel; or

(4) Waives the right to counsel.

The court shall confirm the appointment of counsel if
subdivisions (1) through (4) of this subsection are not applicable to the
respondent parent.

The court may reconsider a parent's eligibility and desire
for appointed counsel at any stage of the proceeding.

(a1) A parent qualifying for appointed counsel may be
permitted to proceed without the assistance of counsel only after the court
examines the parent and makes findings of fact sufficient to show that the
waiver is knowing and voluntary. The court's examination shall be reported as
provided in G.S. 7B-806.

(b) In addition to the right to appointed counsel set
forth above, a guardian ad litem shall be appointed in accordance with the
provisions of G.S. 1A-1, Rule 17, to represent a parent who is under the age of
18 years and who is not married or otherwise emancipated. The appointment of a
guardian ad litem under this subsection shall not affect the minor parent's
entitlement to a guardian ad litem pursuant to G.S. 7B-601 in the event that
the minor parent is the subject of a separate juvenile petition.

(c) On motion of any party or on the court's own
motion, the court may appoint a guardian ad litem for a parent who is
incompetent in accordance with G.S. 1A-1, Rule 17.

(d) The parent's counsel shall not be appointed to
serve as the guardian ad litem and the guardian ad litem shall not act as the
parent's attorney. Communications between the guardian ad litem appointed under
this section and the parent and between the guardian ad litem and the parent's
counsel shall be privileged and confidential to the same extent that
communications between the parent and the parent's counsel are privileged and
confidential.

(a) An attorney or guardian ad litem appointed
pursuant to G.S. 7B-601 shall be paid a reasonable fee fixed by the court or by
direct engagement for specialized guardian ad litem services through the
Administrative Office of the Courts.

(a1) The court may require payment of the fee for an
attorney or guardian ad litem appointed pursuant to G.S. 7B-601 from a person
other than the juvenile as provided in G.S. 7A-450.1, 7A-450.2, and 7A-450.3.
In no event shall the parent or guardian be required to pay the fees for a
court-appointed attorney or guardian ad litem in an abuse, neglect, or
dependency proceeding unless the juvenile has been adjudicated to be abused,
neglected, or dependent or, in a proceeding to terminate parental rights,
unless the parent's rights have been terminated. If the party is ordered to
reimburse the State for attorney or guardian ad litem fees and fails to comply
with the order at the time of disposition, the court shall file a judgment
against the party for the amount due the State.

(b) An attorney or guardian ad litem appointed
pursuant to G.S. 7B-602 or pursuant to any other provision of the Juvenile Code
for which the Office of Indigent Defense Services is responsible for providing
counsel shall be paid a reasonable fee in accordance with rules adopted by the
Office of Indigent Defense Services.

(b1) The court may require payment of the fee for an
attorney appointed pursuant to G.S. 7B-602 or G.S. 7B-1101 from the respondent.
In no event shall the respondent be required to pay the fees for a court-appointed
attorney in an abuse, neglect, or dependency proceeding unless the juvenile has
been adjudicated to be abused, neglected, or dependent or, in a proceeding to
terminate parental rights, unless the respondent's rights have been terminated.
At the dispositional hearing or other appropriate hearing, the court shall make
a determination whether the respondent should be held responsible for
reimbursing the State for the respondent's attorneys' fees. This determination
shall include the respondent's financial ability to pay.

If the court determines that the respondent is responsible
for reimbursing the State for the respondent's attorneys' fees, the court shall
so order. If the respondent does not comply with the order at the time of
disposition, the court shall file a judgment against the respondent for the
amount due the State.

(a) Sharing of Information. - A department of social
services is authorized to share with any other party information relevant to
the subject matter of an action pending under this Subchapter. However, this
subsection does not authorize the disclosure of the identity of the reporter or
any uniquely identifying information that would lead to the discovery of the
reporter's identity in accordance with G.S. 7B-302 or the identity of any other
person where the agency making the information available determines that the
disclosure would be likely to endanger the life or safety of the person.

(b) Local Rules. - The chief district court judge may
adopt local rules or enter an administrative order addressing the sharing of
information among parties and the use of discovery.

(c) Discovery. - Any party may file a motion for
discovery. The motion shall contain a specific description of the information
sought and a statement that the requesting party has made a reasonable effort
to obtain the information pursuant to subsections (a) and (b) of this section
or that the information cannot be obtained pursuant to subsections (a) and (b) of
this section. The motion shall be served upon all parties pursuant to G.S. 1A-1,
Rule 5. The motion shall be heard and ruled upon within 10 business days of the
filing of the motion. The court may grant, restrict, defer, or deny the relief
requested. Any order shall avoid unnecessary delay of the hearing, establish
expedited deadlines for completion, and conform to G.S. 7B-803.

(d) Protective Order. - Any party served with a motion
for discovery may request that the discovery be denied, restricted, or deferred
and shall submit, for in camera inspection, the document, information, or
materials the party seeks to protect. If the court enters any order granting
relief, copies of the documents, information, or materials submitted in camera
shall be preserved for appellate review in the event of an appeal.

(e) Redisclosure. - Information obtained through
discovery or sharing of information under this section may not be redisclosed
if the redisclosure is prohibited by State or federal law.

(f) Guardian Ad Litem. - Unless provided otherwise by
local rules, information or reports obtained by the guardian ad litem pursuant
to G.S. 7B-601 are not subject to disclosure pursuant to this subsection,
except that reports and records shall be shared with all parties before submission
to the court. (1979, c. 815, s. 1; 1998-202, s. 6;
1999-456, s. 60; 2009-311, s. 4.)

Article 8.

Hearing Procedures.

§ 7B-800. Amendment of petition.

The court, in its discretion, may permit a petition to be
amended. The court shall direct the manner in which an amended petition shall
be served and the time allowed for a party to prepare after the petition has
been amended. (1979, c. 815, s. 1; 1998-202, s. 6;
1999-456, s. 60; 2010-90, s. 11.)

§ 7B-800.1. Pre-adjudication hearing.

(a) Prior to the adjudicatory hearing, the court shall
consider the following:

(1) Retention or release of provisional counsel.

(2) Identification of the parties to the proceeding.

(3) Whether paternity has been established or efforts
made to establish paternity, including the identity and location of any missing
parent.

(4) Whether relatives have been identified and notified
as potential resources for placement or support.

(5) Whether all summons, service of process, and notice
requirements have been met.

(5a) Whether the petition has been properly verified and
invokes jurisdiction.

(6) Any pretrial motions, including (i) appointment of
a guardian ad litem in accordance with G.S. 7B-602, (ii) discovery motions in
accordance with G.S. 7B-700, (iii) amendment of the petition in accordance with
G.S. 7B-800, or (iv) any motion for a continuance of the adjudicatory hearing
in accordance with G.S. 7B-803.

(7) Any other issue that can be properly addressed as a
preliminary matter.

(b) The pre-adjudication hearing may be combined with
a hearing on the need for nonsecure custody or any pretrial hearing or
conducted in accordance with local rules.

(c) The parties may enter stipulations in accordance
with G.S. 7B-807 or enter a consent order in accordance with G.S. 7B-801. (2013-129, s. 18; 2014-16, s. 1.)

§ 7B-801. Hearing.

(a) At any hearing authorized or required under this
Subchapter, the court in its discretion shall determine whether the hearing or
any part of the hearing shall be closed to the public. In determining whether
to close the hearing or any part of the hearing, the court shall consider the
circumstances of the case, including, but not limited to, the following
factors:

(1) The nature of the allegations against the
juvenile's parent, guardian, custodian or caretaker;

(2) The age and maturity of the juvenile;

(3) The benefit to the juvenile of confidentiality;

(4) The benefit to the juvenile of an open hearing; and

(5) The extent to which the confidentiality afforded
the juvenile's record pursuant to G.S. 132-1.4(l) and G.S. 7B-2901 will be
compromised by an open hearing.

(b) No hearing or part of a hearing shall be closed by
the court if the juvenile requests that it remain open.

(b1) Nothing in this Subchapter precludes the court in
an abuse, neglect, or dependency proceeding from entering a consent
adjudication order, disposition order, review order, or permanency planning
order when each of the following apply:

(1) All parties are present or represented by counsel,
who is present and authorized to consent.

(2) The juvenile is represented by counsel.

(3) The court makes sufficient findings of fact.

(c) The adjudicatory hearing shall be held in the
district at such time and place as the chief district court judge shall
designate, but no later than 60 days from the filing of the petition unless the
judge pursuant to G.S. 7B-803 orders that it be held at a later time. (1979, c. 815, s. 1; 1998-202, s. 6; 1998-229, ss. 5, 22;
1999-456, s. 60; 2011-295, s. 5.)

§ 7B-802. Conduct of hearing.

The adjudicatory hearing shall be a judicial process designed
to adjudicate the existence or nonexistence of any of the conditions alleged in
a petition. In the adjudicatory hearing, the court shall protect the rights of
the juvenile and the juvenile's parent to assure due process of law. (1979, c. 815, s. 1; 1998-202, s. 6; 1999-456, s. 60.)

§ 7B-803. Continuances.

The court may, for good cause, continue the hearing for as
long as is reasonably required to receive additional evidence, reports, or
assessments that the court has requested, or other information needed in the
best interests of the juvenile and to allow for a reasonable time for the
parties to conduct expeditious discovery. Otherwise, continuances shall be
granted only in extraordinary circumstances when necessary for the proper
administration of justice or in the best interests of the juvenile. Resolution
of a pending criminal charge against a respondent arising out of the same
transaction or occurrence as the juvenile petition shall not be the sole
extraordinary circumstance for granting a continuance. (1979, c. 815, s. 1; 1987 (Reg. Sess., 1988), c. 1090, s.
9; 1998-202, s. 6; 1999-456, s. 60; 2013-129, s. 19.)

All adjudicatory and dispositional hearings shall be recorded
by stenographic notes or by electronic or mechanical means. Records shall be
reduced to a written transcript only when timely notice of appeal has been
given. The court may order that other hearings be recorded. (1979, c. 815, s. 1; 1998-202, s. 6; 1999-456, s. 60.)

§ 7B-807. Adjudication.

(a) If the court finds from the evidence, including
stipulations by a party, that the allegations in the petition have been proven
by clear and convincing evidence, the court shall so state. A record of
specific stipulated adjudicatory facts shall be made by either reducing the
facts to a writing, signed by each party stipulating to them and submitted to
the court; or by reading the facts into the record, followed by an oral
statement of agreement from each party stipulating to them. If the court finds
that the allegations have not been proven, the court shall dismiss the petition
with prejudice, and if the juvenile is in nonsecure custody, the juvenile shall
be released to the parent, guardian, custodian, or caretaker.

(a1) Repealed by Session Laws 2013-129, s. 21, effective
October 1, 2013, and applicable to actions filed or pending on or after that
date.

(b) The adjudicatory order shall be in writing and
shall contain appropriate findings of fact and conclusions of law. The order
shall be reduced to writing, signed, and entered no later than 30 days
following the completion of the hearing. If the order is not entered within 30
days following completion of the hearing, the clerk of court for juvenile
matters shall schedule a subsequent hearing at the first session of court
scheduled for the hearing of juvenile matters following the 30-day period to
determine and explain the reason for the delay and to obtain any needed
clarification as to the contents of the order. The order shall be entered
within 10 days of the subsequent hearing required by this subsection. (1979, c. 815, s. 1; 1998-202, s. 6; 1999-456, s. 60; 2001-208,
s. 17; 2001-487, s. 101; 2005-398, s. 3; 2010-90, s. 13; 2011-295, s. 6; 2013-129,
s. 21.)

§ 7B-808. Predisposition report.

(a) The court shall proceed to the dispositional
hearing upon receipt of sufficient social, medical, psychiatric, psychological,
and educational information. No predisposition report shall be submitted to or
considered by the court prior to the completion of the adjudicatory hearing.
The court may proceed with the dispositional hearing without receiving a
predisposition report if the court makes a written finding that a report is not
necessary.

(b) The director of the department of social services
shall prepare the predisposition report for the court containing the results of
any mental health evaluation under G.S. 7B-503, a placement plan, and a
treatment plan the director deems appropriate to meet the juvenile's needs.

(c) The chief district court judge may adopt local
rules or make an administrative order addressing the sharing of the reports
among parties, including an order that prohibits disclosure of the report to
the juvenile if the court determines that disclosure would not be in the best
interest of the juvenile. Such local rules or administrative order may not:

(1) Prohibit a party entitled by law to receive
confidential information from receiving that information.

The purpose of dispositions in juvenile actions is to design
an appropriate plan to meet the needs of the juvenile and to achieve the
objectives of the State in exercising jurisdiction. If possible, the initial
approach should involve working with the juvenile and the juvenile's family in
their own home so that the appropriate community resources may be involved in
care, supervision, and treatment according to the needs of the juvenile. Thus,
the court should arrange for appropriate community-level services to be
provided to the juvenile and the juvenile's family in order to strengthen the
home situation. (1979, c. 815, s. 1; 1995 (Reg. Sess.,
1996), c. 609, s. 1; 1998-202, s. 6; 1999-456, s. 60.)

§ 7B-900.1. Post adjudication venue.

(a) At any time after adjudication, the court on its
own motion or motion of any party may transfer venue to a different county,
regardless of whether the action could have been commenced in that county, if
the court finds that the forum is inconvenient, that transfer of the action to
the other county is in the best interest of the juvenile, and that the rights
of the parties are not prejudiced by the change of venue.

(b) Before ordering that a case be transferred to another
county, the court shall find that the director of the department of social
services in the county in which the action is pending and the director in the
county to which transfer is contemplated have communicated about the case and
that:

(1) The two directors are in agreement with respect to
each county's responsibility for providing financial support for the juvenile
and services for the juvenile and the juvenile's family; or

(2) The Director of the Division of Social Services or
the Director's designee has made that determination pursuant to G.S. 153A-257(d).

(c) When the court transfers a case to a different
county, the court shall join or substitute as a party to the action the
director of the department of social services in the county to which the case
is being transferred and, if the juvenile is in the custody of the department
of social services in the county in which the action is pending, shall transfer
custody to the department of social services in the county to which the case is
being transferred. The director of the department of social services in the
county to which the case is being transferred must be given notice and an
opportunity to be heard before the court enters an order pursuant to this
subsection. However, the director may waive the right to notice and a hearing.

(d) Before ordering that a case be transferred to a
different district, the court shall communicate with the chief district court
judge or a judge presiding in juvenile court in the district to which the
transfer is contemplated explaining the reasons for the proposed transfer. If
the judge in the district to which the transfer is proposed makes a timely
objection to the transfer, either verbally or in writing, the court shall order
the transfer only after making detailed findings of fact that support a
conclusion that the juvenile's best interests require that the case be
transferred.

(e) Before ordering that a case be transferred to
another county, the court shall consider relevant factors, which may include:

(1) The current residences of the juvenile and the
parent, guardian, or custodian and the extent to which those residences have
been and are likely to be stable.

(2) The reunification plan or other permanent plan for
the juvenile and the likely effect of a change in venue on efforts to achieve
permanence for the juvenile expeditiously.

(3) The nature and location of services and service
providers necessary to achieve the reunification plan or other permanent plan
for the juvenile.

(4) The impact upon the juvenile of the potential
disruption of an existing therapeutic relationship.

(5) The nature and location of witnesses and evidence
likely to be required in future hearings.

(6) The degree to which the transfer would cause
inconvenience to one or more parties.

(7) Any agreement of the parties as to which forum is
most convenient.

(8) The familiarity of the departments of social
services, the courts, and the local offices of the guardian ad litem with the
juvenile and the juvenile's family.

(9) Any other factor the court considers relevant.

(f) The order transferring venue shall be in writing,
signed, and entered no later than 30 days from completion of the hearing. The
order shall identify the next court action and specify the date within which
the next hearing shall be held. If the order is not entered within 30 days
following completion of the hearing, the clerk of court for juvenile matters
shall schedule a subsequent hearing at the first session of court scheduled for
the hearing of juvenile matters following the 30-day period to determine and
explain the reason for the delay and to obtain any needed clarification as to
the contents of the order. The order shall be entered within 10 days of the
subsequent hearing required by this subsection.

(g) The clerk shall transmit to the court in the
county to which the case is being transferred a copy of the complete record of
the case within three business days after entry of the order transferring
venue.

Upon receiving a case that has been transferred from another
county, the clerk shall promptly satisfy the following:

(1) Assign an appropriate file number to the case.

(2) Ensure that any necessary appointments of new
attorneys or guardians ad litem are made.

(3) Calendar the next court action as set forth in the
order transferring venue and give appropriate notice to all parties. (2009-311, s. 5.)

§ 7B-901. Dispositional hearing.

The dispositional hearing shall take place immediately
following the adjudicatory hearing and shall be concluded within 30 days of the
conclusion of the adjudicatory hearing. The dispositional hearing may be
informal and the court may consider written reports or other evidence
concerning the needs of the juvenile. The juvenile and the juvenile's parent,
guardian, or custodian shall have the right to present evidence, and they may
advise the court concerning the disposition they believe to be in the best
interests of the juvenile. The court may consider any evidence, including
hearsay evidence as defined in G.S. 8C-1, Rule 801, including testimony or
evidence from any person who is not a party, that the court finds to be
relevant, reliable, and necessary to determine the needs of the juvenile and
the most appropriate disposition. The court may exclude the public from the
hearing unless the juvenile moves that the hearing be open, which motion shall
be granted.

At the dispositional hearing, the court shall inquire as to
the identity and location of any missing parent and whether paternity is at
issue. The court shall include findings of the efforts undertaken to locate the
missing parent and to serve that parent and efforts undertaken to establish
paternity when paternity is an issue. The order may provide for specific
efforts in determining the identity and location of any missing parent and specific
efforts in establishing paternity. The court shall also inquire about efforts
made to identify and notify relatives as potential resources for placement or
support. (1979, c. 815, s. 1; 1981, c. 469, s. 18;
1998-202, s. 6; 1999-456, s. 60; 2003-62, s. 1; 2005-398, s. 4; 2007-276, s. 2;
2011-295, s. 7; 2013-129, s. 22.)

§ 7B-902: Repealed by
Session Laws 2011-295, s. 8, effective October 1, 2011, and applicable to
actions filed on or pending on or after that date.

(a) The following alternatives for disposition shall
be available to any court exercising jurisdiction, and the court may combine
any of the applicable alternatives when the court finds the disposition to be
in the best interests of the juvenile:

(1) The court may dismiss the case or continue the case
in order to allow the parent, guardian, custodian, caretaker or others to take
appropriate action.

(2) In the case of any juvenile who needs more adequate
care or supervision or who needs placement, the court may:

a. Require that the juvenile be supervised in the
juvenile's own home by the department of social services in the juvenile's
county, or by other personnel as may be available to the court, subject to
conditions applicable to the parent, guardian, custodian, or caretaker as the
court may specify; or

b. Place the juvenile in the custody of a parent,
relative, private agency offering placement services, or some other suitable person;
or

c. Place the juvenile in the custody of the department
of social services in the county of the juvenile's residence, or in the case of
a juvenile who has legal residence outside the State, in the physical custody
of the department of social services in the county where the juvenile is found
so that agency may return the juvenile to the responsible authorities in the
juvenile's home state. The director may, unless otherwise ordered by the court,
arrange for, provide, or consent to, needed routine or emergency medical or
surgical care or treatment. In the case where the parent is unknown,
unavailable, or unable to act on behalf of the juvenile, the director may,
unless otherwise ordered by the court, arrange for, provide, or consent to any
psychiatric, psychological, educational, or other remedial evaluations or
treatment for the juvenile placed by a court or the court's designee in the
custody or physical custody of a county department of social services under the
authority of this or any other Chapter of the General Statutes. Prior to
exercising this authority, the director shall make reasonable efforts to obtain
consent from a parent or guardian of the affected juvenile. If the director
cannot obtain such consent, the director shall promptly notify the parent or
guardian that care or treatment has been provided and shall give the parent
frequent status reports on the circumstances of the juvenile. Upon request of a
parent or guardian of the affected juvenile, the results or records of the
aforementioned evaluations, findings, or treatment shall be made available to
such parent or guardian by the director unless prohibited by G.S. 122C-53(d).
If a juvenile is removed from the home and placed in custody or placement
responsibility of a county department of social services, the director shall
not allow unsupervised visitation with, or return physical custody of the
juvenile to, the parent, guardian, custodian, or caretaker without a hearing at
which the court finds that the juvenile will receive proper care and
supervision in a safe home.

In placing a juvenile in out-of-home
care under this section, the court shall first consider whether a relative of
the juvenile is willing and able to provide proper care and supervision of the
juvenile in a safe home. If the court finds that the relative is willing and
able to provide proper care and supervision in a safe home, then the court
shall order placement of the juvenile with the relative unless the court finds
that the placement is contrary to the best interests of the juvenile. In
placing a juvenile in out-of-home care under this section, the court shall also
consider whether it is in the juvenile's best interest to remain in the
juvenile's community of residence. Placement of a juvenile with a relative
outside of this State must be in accordance with the Interstate Compact on the
Placement of Children.

(3) In any case, the court may order that the juvenile
be examined by a physician, psychiatrist, psychologist, or other qualified
expert as may be needed for the court to determine the needs of the juvenile:

a. Upon completion of the examination, the court shall
conduct a hearing to determine whether the juvenile is in need of medical,
surgical, psychiatric, psychological, or other treatment and who should pay the
cost of the treatment. The county manager, or such person who shall be
designated by the chairman of the county commissioners, of the juvenile's
residence shall be notified of the hearing, and allowed to be heard. If the
court finds the juvenile to be in need of medical, surgical, psychiatric,
psychological, or other treatment, the court shall permit the parent or other
responsible persons to arrange for treatment. If the parent declines or is
unable to make necessary arrangements, the court may order the needed
treatment, surgery, or care, and the court may order the parent to pay the cost
of the care pursuant to G.S. 7B-904. If the court finds the parent is unable to
pay the cost of treatment, the court shall order the county to arrange for
treatment of the juvenile and to pay for the cost of the treatment. The county
department of social services shall recommend the facility that will provide
the juvenile with treatment.

b. If the court believes, or if there is evidence
presented to the effect that the juvenile is mentally ill or is developmentally
disabled, the court shall refer the juvenile to the area mental health,
developmental disabilities, and substance abuse services director for
appropriate action. A juvenile shall not be committed directly to a State
hospital or mental retardation center; and orders purporting to commit a
juvenile directly to a State hospital or mental retardation center except for
an examination to determine capacity to proceed shall be void and of no effect.
The area mental health, developmental disabilities, and substance abuse
director shall be responsible for arranging an interdisciplinary evaluation of
the juvenile and mobilizing resources to meet the juvenile's needs. If
institutionalization is determined to be the best service for the juvenile,
admission shall be with the voluntary consent of the parent or guardian. If the
parent, guardian, custodian, or caretaker refuses to consent to a mental
hospital or retardation center admission after such institutionalization is
recommended by the area mental health, developmental disabilities, and
substance abuse director, the signature and consent of the court may be
substituted for that purpose. In all cases in which a regional mental hospital
refuses admission to a juvenile referred for admission by a court and an area
mental health, developmental disabilities, and substance abuse director or
discharges a juvenile previously admitted on court referral prior to completion
of treatment, the hospital shall submit to the court a written report setting
out the reasons for denial of admission or discharge and setting out the
juvenile's diagnosis, indications of mental illness, indications of need for
treatment, and a statement as to the location of any facility known to have a
treatment program for the juvenile in question.

(b) When the court has found that a juvenile has
suffered physical abuse and that the individual responsible for the abuse has a
history of violent behavior against people, the court shall consider the
opinion of the mental health professional who performed an evaluation under
G.S. 7B-503(b) before returning the juvenile to the custody of that individual.

§ 7B-904. Authority over parents of juvenile adjudicated as
abused, neglected, or dependent.

(a) If the court orders medical, surgical,
psychiatric, psychological, or other treatment pursuant to G.S. 7B-903, the
court may order the parent or other responsible parties to pay the cost of the
treatment or care ordered.

(b) At the dispositional hearing or a subsequent
hearing if the court finds that it is in the best interests of the juvenile for
the parent, guardian, custodian, stepparent, adult member of the juvenile's
household, or adult relative entrusted with the juvenile's care to be directly
involved in the juvenile's treatment, the court may order the parent, guardian,
custodian, stepparent, adult member of the juvenile's household, or adult
relative entrusted with the juvenile's care to participate in medical,
psychiatric, psychological, or other treatment of the juvenile. The cost of the
treatment shall be paid pursuant to G.S. 7B-903.

(c) At the dispositional hearing or a subsequent
hearing the court may determine whether the best interests of the juvenile
require that the parent, guardian, custodian, stepparent, adult member of the
juvenile's household, or adult relative entrusted with the juvenile's care
undergo psychiatric, psychological, or other treatment or counseling directed
toward remediating or remedying behaviors or conditions that led to or
contributed to the juvenile's adjudication or to the court's decision to remove
custody of the juvenile from the parent, guardian, custodian, stepparent, adult
member of the juvenile's household, or adult relative entrusted with the
juvenile's care. If the court finds that the best interests of the juvenile
require the parent, guardian, custodian, stepparent, adult member of the
juvenile's household, or adult relative entrusted with the juvenile's care
undergo treatment, it may order that individual to comply with a plan of
treatment approved by the court or condition legal custody or physical
placement of the juvenile with the parent, guardian, custodian, stepparent,
adult member of the juvenile's household, or adult relative entrusted with the
juvenile's care upon that individual's compliance with the plan of treatment.
The court may order the parent, guardian, custodian, stepparent, adult member
of the juvenile's household, or adult relative entrusted with the juvenile's
care to pay the cost of treatment ordered pursuant to this subsection. In cases
in which the court has conditioned legal custody or physical placement of the
juvenile with the parent, guardian, custodian, stepparent, adult member of the
juvenile's household, or adult relative entrusted with the juvenile's care upon
compliance with a plan of treatment, the court may charge the cost of the
treatment to the county of the juvenile's residence if the court finds the
parent, guardian, custodian, stepparent, adult member of the juvenile's
household, or adult relative entrusted with the juvenile's care is unable to
pay the cost of the treatment. In all other cases, if the court finds the
parent, guardian, custodian, stepparent, adult member of the juvenile's
household, or adult relative entrusted with the juvenile's care is unable to
pay the cost of the treatment ordered pursuant to this subsection, the court
may order that individual to receive treatment currently available from the
area mental health program that serves the parent's catchment area.

(d) At the dispositional hearing or a subsequent
hearing, when legal custody of a juvenile is vested in someone other than the
juvenile's parent, if the court finds that the parent is able to do so, the
court may order that the parent pay a reasonable sum that will cover, in whole
or in part, the support of the juvenile after the order is entered. If the
court requires the payment of child support, the amount of the payments shall
be determined as provided in G.S. 50-13.4(c). If the court places a juvenile in
the custody of a county department of social services and if the court finds
that the parent is unable to pay the cost of the support required by the
juvenile, the cost shall be paid by the county department of social services in
whose custody the juvenile is placed, provided the juvenile is not receiving
care in an institution owned or operated by the State or federal government or
any subdivision thereof.

(d1) At the dispositional hearing or a subsequent
hearing, the court may order the parent, guardian, custodian, or caretaker
served with a copy of the summons pursuant to G.S. 7B-407 to do any of the
following:

(1) Attend and participate in parental responsibility
classes if those classes are available in the judicial district in which the
parent, guardian, custodian, or caretaker resides.

(2) Provide, to the extent that person is able to do
so, transportation for the juvenile to keep appointments for medical, psychiatric,
psychological, or other treatment ordered by the court if the juvenile remains
in or is returned to the home.

(3) Take appropriate steps to remedy conditions in the
home that led to or contributed to the juvenile's adjudication or to the
court's decision to remove custody of the juvenile from the parent, guardian,
custodian, or caretaker.

(e) Upon motion of a party or upon the court's own
motion, the court may issue an order directing the parent, guardian, custodian,
or caretaker served with a copy of the summons pursuant to G.S. 7B-407 to
appear and show cause why the parent, guardian, custodian, or caretaker should
not be found or held in civil or criminal contempt for willfully failing to
comply with an order of the court. Chapter 5A of the General Statutes shall
govern contempt proceedings initiated pursuant to this section. (1979, c. 815, s. 1; 1983, c. 837, ss. 2, 3; 1987, c. 598,
s. 2; 1989, c. 218; c. 529, s. 7; 1995, c. 328, s. 2; 1995 (Reg. Sess., 1996),
c. 609, s. 4; 1997-456, s. 1; 1998-202, s. 6; 1999-318, s. 7; 1999-456, s. 60;
2001-208, s. 3; 2001-487, s. 101.)

§ 7B-905. Dispositional order.

(a) The dispositional order shall be in writing,
signed, and entered no later than 30 days from the completion of the hearing,
and shall contain appropriate findings of fact and conclusions of law. The
court shall state with particularity, both orally and in the written order of
disposition, the precise terms of the disposition including the kind, duration,
and the person who is responsible for carrying out the disposition and the
person or agency in whom custody is vested. If the order is not entered within 30
days following completion of the hearing, the clerk of court for juvenile
matters shall schedule a subsequent hearing at the first session of court
scheduled for the hearing of juvenile matters following the 30-day period to
determine and explain the reason for the delay and to obtain any needed
clarification as to the contents of the order. The order shall be entered
within 10 days of the subsequent hearing required by this subsection.

(b) A dispositional order under which a juvenile is
removed from the custody of a parent, guardian, custodian, or caretaker shall
direct that the review hearing required by G.S. 7B-906.1 be held within 90 days
from of the date of the dispositional hearing and, if practicable, shall set
the date and time for the review hearing.

(c) Any dispositional order shall comply with the
requirements of G.S. 7B-507.

(a) An order that removes custody of a juvenile from a
parent, guardian, or custodian or that continues the juvenile's placement outside
the home shall provide for appropriate visitation as may be in the best
interests of the juvenile consistent with the juvenile's health and safety. The
court may specify in the order conditions under which visitation may be
suspended.

(b) If the juvenile is placed or continued in the
custody or placement responsibility of a county department of social services,
the court may order the director to arrange, facilitate, and supervise a
visitation plan expressly approved or ordered by the court. The plan shall
indicate the minimum frequency and length of visits and whether the visits
shall be supervised. Unless the court orders otherwise, the director shall have
discretion to determine who will supervise visits when supervision is required,
to determine the location of visits, and to change the day and time of visits
in response to scheduling conflicts, illness of the child or party, or
extraordinary circumstances. The director shall promptly communicate a limited
and temporary change in the visitation schedule to the affected party. Any
ongoing change in the visitation schedule shall be communicated to the party in
writing and state the reason for the change.

If the director makes a good faith determination that the
visitation plan is not consistent with the juvenile's health and safety, the
director may temporarily suspend all or part of the visitation plan. The
director shall not be subject to any motion to show cause for this suspension
but shall expeditiously file a motion for review.

(c) If the juvenile is placed or continued in the
custody or guardianship of a relative or other suitable person, any order
providing for visitation shall specify the minimum frequency and length of the
visits and whether the visits shall be supervised. The court may authorize additional
visitation as agreed upon by the respondent and custodian or guardian.

(d) If the court retains jurisdiction, all parties
shall be informed of the right to file a motion for review of any visitation
plan entered pursuant to this section. Upon motion of any party and after
proper notice and a hearing, the court may establish, modify, or enforce a
visitation plan that is in the juvenile's best interest. Prior to or at the
hearing, the court may order the department and guardian ad litem to investigate
and make written recommendations as to appropriate visitation and give
testimony concerning its recommendations. For resolution of issues related to
visitation, the court may order the parents, guardian, or custodian to
participate in custody mediation where there is a program established pursuant
to G.S. 7A-494. In referring a case to custody mediation, the court shall
specify the issue or issues for mediation, including, but not limited to,
whether or not visitation shall be supervised and whether overnight visitation
may occur. Custody mediation shall not permit the participants to consent to a
change in custody. A copy of any agreement reached in custody mediation shall
be provided to all parties and counsel and shall be approved by the court. The provisions
of G.S. 50-13.1(d) through (f) apply to this section. (2013-129,
s. 24.)

§ 7B-906: Repealed by
Session Laws 2013-129, s. 25, effective October 1, 2013, and applicable to
actions filed or pending on or after that date.

§ 7B-906.1. Review and permanency planning hearings.

(a) In any case where custody is removed from a
parent, guardian, or custodian, the court shall conduct a review hearing within
90 days from the date of the dispositional hearing and shall conduct a review
hearing within six months thereafter. Within 12 months of the date of the
initial order removing custody, there shall be a review hearing designated as a
permanency planning hearing. Review hearings after the initial permanency
planning hearing shall be designated as subsequent permanency planning
hearings. The subsequent permanency planning hearings shall be held at least
every six months thereafter or earlier as set by the court to review the
progress made in finalizing the permanent plan for the juvenile, or if
necessary, to make a new permanent plan for the juvenile.

(b) The director of social services shall make a
timely request to the clerk to calendar each hearing at a session of court
scheduled for the hearing of juvenile matters. The clerk shall give 15 days'
notice of the hearing and its purpose to (i) the parents, (ii) the juvenile if
12 years of age or more, (iii) the guardian, (iv) the person providing care for
the juvenile, (v) the custodian or agency with custody, (vi) the guardian ad
litem, and (vii) any other person or agency the court may specify. The
department of social services shall either provide to the clerk the name and
address of the person providing care for the juvenile for notice under this
subsection or file written documentation with the clerk that the juvenile's
current care provider was sent notice of hearing. Nothing in this subsection
shall be construed to make the person providing care for the juvenile a party
to the proceeding solely based on receiving notice and the right to be heard.

(c) At each hearing, the court shall consider
information from the parents, the juvenile, the guardian, any person providing
care for the juvenile, the custodian or agency with custody, the guardian ad
litem, and any other person or agency that will aid in the court's review. The
court may consider any evidence, including hearsay evidence as defined in G.S.
8C-1, Rule 801, or testimony or evidence from any person that is not a party,
that the court finds to be relevant, reliable, and necessary to determine the
needs of the juvenile and the most appropriate disposition.

(d) At each hearing, the court shall consider the
following criteria and make written findings regarding those that are relevant:

(1) Services which have been offered to reunite the
juvenile with either parent whether or not the juvenile resided with the parent
at the time of removal or the guardian or custodian from whom the child was
removed.

(2) Reports on visitation that has occurred and whether
there is a need to create, modify, or enforce an appropriate visitation plan in
accordance with G.S. 7B-905.1.

(3) Whether efforts to reunite the juvenile with either
parent clearly would be futile or inconsistent with the juvenile's safety and
need for a safe, permanent home within a reasonable period of time. The court
shall consider efforts to reunite regardless of whether the juvenile resided
with the parent, guardian, or custodian at the time of removal. If the court
determines efforts would be futile or inconsistent, the court shall consider a
permanent plan of care for the juvenile.

(4) Reports on the placements the juvenile has had, the
appropriateness of the juvenile's current foster care placement, and the goals
of the juvenile's foster care plan, including the role the current foster
parent will play in the planning for the juvenile.

(5) If the juvenile is 16 or 17 years of age, a report
on an independent living assessment of the juvenile and, if appropriate, an
independent living plan developed for the juvenile.

(6) When and if termination of parental rights should
be considered.

(7) Any other criteria the court deems necessary.

(e) At any permanency planning hearing where the
juvenile is not placed with a parent, the court shall additionally consider the
following criteria and make written findings regarding those that are relevant:

(1) Whether it is possible for the juvenile to be
placed with a parent within the next six months and, if not, why such placement
is not in the juvenile's best interests.

(2) Where the juvenile's placement with a parent is
unlikely within six months, whether legal guardianship or custody with a
relative or some other suitable person should be established and, if so, the
rights and responsibilities that should remain with the parents.

(3) Where the juvenile's placement with a parent is
unlikely within six months, whether adoption should be pursued and, if so, any
barriers to the juvenile's adoption.

(4) Where the juvenile's placement with a parent is
unlikely within six months, whether the juvenile should remain in the current
placement, or be placed in another permanent living arrangement and why.

(5) Whether the county department of social services
has since the initial permanency plan hearing made reasonable efforts to
implement the permanent plan for the juvenile.

(6) Any other criteria the court deems necessary.

(f) In the case of a juvenile who is in the custody or
placement responsibility of a county department of social services and has been
in placement outside the home for 12 of the most recent 22 months, or a court
of competent jurisdiction has determined that the parent (i) has abandoned the
child, (ii) has committed murder or voluntary manslaughter of another child of
the parent, or (iii) has aided, abetted, attempted, conspired, or solicited to
commit murder or voluntary manslaughter of the child or another child of the
parent, the director of the department of social services shall initiate a
proceeding to terminate the parental rights of the parent unless the court
finds any of the following:

(1) The permanent plan for the juvenile is guardianship
or custody with a relative or some other suitable person.

(2) The court makes specific findings as to why the
filing of a petition for termination of parental rights is not in the best
interests of the child.

(3) The department of social services has not provided
the juvenile's family with services the department deems necessary when
reasonable efforts are still required to enable the juvenile's return to a safe
home.

(g) At the conclusion of each permanency planning
hearing, the judge shall make specific findings as to the best plan of care to
achieve a safe, permanent home for the juvenile within a reasonable period of
time.

(h) The order shall be reduced to writing, signed, and
entered no later than 30 days following the completion of the hearing. If the order
is not entered within 30 days following completion of the hearing, the clerk of
court for juvenile matters shall schedule a subsequent hearing at the first
session of court scheduled for the hearing of juvenile matters following the 30-day
period to determine and explain the reason for the delay and to obtain any
needed clarification as to the contents of the order. The order shall be
entered within 10 days of the subsequent hearing required by this subsection.

(i) The court may maintain the juvenile's placement
under review or order a different placement, appoint a guardian of the person
for the juvenile pursuant to G.S. 7B-600, or order any disposition authorized
by G.S. 7B-903, including the authority to place the child in the custody of
either parent or any relative found by the court to be suitable and found by
the court to be in the best interests of the juvenile.

(j) If the court determines that the juvenile shall
be placed in the custody of an individual other than a parent or appoints an
individual guardian of the person pursuant to G.S. 7B-600, the court shall
verify that the person receiving custody or being appointed as guardian of the
juvenile understands the legal significance of the placement or appointment and
will have adequate resources to care appropriately for the juvenile.

(k) If at any time custody is placed with a parent or
findings are made in accordance with subsection (n) of this section, the court
shall be relieved of the duty to conduct periodic judicial reviews of the
placement.

(l) If the court continues the juvenile's placement
in the custody or placement responsibility of a county department of social
services, the provisions of G.S. 7B-507 shall apply to any order entered under
this section.

(m) If the court finds that a proceeding to terminate
the parental rights of the juvenile's parents is necessary in order to perfect
the permanent plan for the juvenile, the director of the department of social
services shall file a petition to terminate parental rights within 60 calendar
days from the date of the entry of the order unless the court makes written
findings regarding why the petition cannot be filed within 60 days. If the
court makes findings to the contrary, the court shall specify the time frame in
which any needed petition to terminate parental rights shall be filed.

(n) Notwithstanding other provisions of this Article,
the court may waive the holding of hearings required by this section, may
require written reports to the court by the agency or person holding custody in
lieu of review hearings, or order that review hearings be held less often than
every six months if the court finds by clear, cogent, and convincing evidence
each of the following:

(1) The juvenile has resided in the placement for a
period of at least one year.

(2) The placement is stable and continuation of the
placement is in the juvenile's best interests.

(3) Neither the juvenile's best interests nor the
rights of any party require that review hearings be held every six months.

(4) All parties are aware that the matter may be
brought before the court for review at any time by the filing of a motion for
review or on the court's own motion.

(5) The court order has designated the relative or
other suitable person as the juvenile's permanent custodian or guardian of the
person.

The court may not waive or refuse to conduct a review hearing
if a party files a motion seeking the review. However, if a guardian of the
person has been appointed for the juvenile and the court has also made findings
in accordance with subsection (n) of this section that guardianship is the
permanent plan for the juvenile, the court shall proceed in accordance with
G.S. 7B-600(b). (2013-129, s. 26.)

§ 7B-907: Repealed by
Session Laws 2013-129, s. 25, effective October 1, 2013, and applicable to
actions filed or pending on or after that date.

(a) The purpose of each placement review is to ensure
that every reasonable effort is being made to provide for a permanent placement
plan for the juvenile who has been placed in the custody of a county director
or licensed child-placing agency, which is consistent with the juvenile's best
interests. At each review hearing the court may consider information from the
department of social services, the licensed child-placing agency, the guardian
ad litem, the child, the person providing care for the child, and any other
person or agency the court determines is likely to aid in the review. The court
may consider any evidence, including hearsay evidence as defined in G.S. 8C-1,
Rule 801, that the court finds to be relevant, reliable, and necessary to
determine the needs of the juvenile and the most appropriate disposition.

(b) The court shall conduct a placement review not
later than six months from the date of the termination hearing when parental
rights have been terminated by a petition brought by any person or agency
designated in G.S. 7B-1103(2) through (5) and a county director or licensed
child-placing agency has custody of the juvenile. The court shall conduct
reviews every six months thereafter until the juvenile is the subject of a
decree of adoption:

(1) No more than 30 days and no less than 15 days prior
to each review, the clerk shall give notice of the review to the juvenile if
the juvenile is at least 12 years of age, the legal custodian of the juvenile,
the person providing care for the juvenile, the guardian ad litem, if any, and
any other person or agency the court may specify. The department of social
services shall either provide to the clerk the name and address of the person
providing care for the child for notice under this subsection or file written
documentation with the clerk that the child's current care provider was sent
notice of hearing. Only the juvenile, if the juvenile is at least 12 years of
age, the legal custodian of the juvenile, the person providing care for the
juvenile, and the guardian ad litem shall attend the review hearings, except as
otherwise directed by the court. Nothing in this subdivision shall be construed
to make the person a party to the proceeding solely based on receiving notice
and the right to be heard. Any individual whose parental rights have been
terminated shall not be considered a party to the proceeding unless an appeal
of the order terminating parental rights is pending, and a court has stayed the
order pending the appeal.

(2) If a guardian ad litem for the juvenile has not
been appointed previously by the court in the termination proceeding, the
court, at the initial six-month review hearing, may appoint a guardian ad litem
to represent the juvenile. The court may continue the case for such time as is
necessary for the guardian ad litem to become familiar with the facts of the
case.

(c) The court shall consider at least the following in
its review and make written findings regarding the following that are relevant:

(1) The adequacy of the plan developed by the county
department of social services or a licensed child-placing agency for a
permanent placement relative to the juvenile's best interests and the efforts
of the department or agency to implement such plan.

(2) Whether the juvenile has been listed for adoptive
placement with the North Carolina Adoption Resource Exchange, the North
Carolina Photo Adoption Listing Service (PALS), or any other specialized
adoption agency.

(3) The efforts previously made by the department or
agency to find a permanent home for the juvenile.

(4) Whether the current placement is in the juvenile's
best interest.

(d) The court, after making findings of fact, shall do
one of the following:

(1) Affirm the county department's or child-placing
agency's plans.

(2) If a juvenile is not placed with prospective
adoptive parents as selected in G.S. 7B-1112.1, order a placement or different
plan the court finds to be in the juvenile's best interest after considering
the department's recommendations.

In either case, the court may require specific additional steps
that are necessary to accomplish a permanent placement that is in the best
interests of the juvenile.

(e) If the juvenile is the subject of a decree of
adoption prior to the date scheduled for the review, within 10 days of
receiving notice that the adoption decree has been entered, the department of
social services shall file with the court and serve on any guardian ad litem
for the juvenile written notice of the entry. The adoption decree shall not be
filed in the court file. The review hearing shall be cancelled with notice of
said cancellation given by the clerk to all persons previously notified.

(a) The director of social services or the director of
the licensed private child-placing agency shall promptly notify the clerk to
calendar the case for review of the department's or agency's plan for the
juvenile at a session of court scheduled for the hearing of juvenile matters if
the juvenile is in the custody of the department or agency and has not become
the subject of a decree of adoption within six months following relinquishment
of the juvenile for adoption by a parent, guardian, or guardian ad litem under
the provisions of Part 7 of Article 3 of Chapter 48 of the General Statutes.

(b1) If the court finds on motion of a department of
social services or licensed child-placing agency that a consent or
relinquishment for adoption necessary for the juvenile to be adopted cannot be
obtained, and that no further steps are being taken to terminate the parental
rights of the parent from whom consent or relinquishment has not been obtained,
the court may order, upon finding that it is in the juvenile's best interest,
that any relinquishment for adoption signed by a parent who has surrendered the
child for adoption shall be voided pursuant to G.S. 48-3-707(a)(4). Before
voiding any relinquishment under this subsection, the court shall require the
county department of social services or licensed child-placing agency to give
at least 15 days' notice to the relinquishing parent whose rights will be
restored. The relinquishing parent shall have the right to be heard on (i)
whether the relinquishment should be voided and (ii) the parent's plan to
provide for the juvenile if the relinquishment is voided. If after due
diligence the relinquishing parent cannot be located, the notice of hearing shall
be deposited in the United States mail, return receipt requested, and sent to
the address of the parent given in the relinquishment. The date of receipt of
the notice is deemed the date of delivery or last attempted delivery.

(c) Notification of the court under this section shall
be by a petition for review or motion for review, if the court is exercising
jurisdiction over the juvenile. The review shall be conducted within 30 days
following the filing of the petition for review unless the court shall otherwise
direct. The court shall conduct reviews every six months until the juvenile is
the subject of a decree of adoption. However, further reviews are not required
after the voiding of a relinquishment under subsection (b1) of this section.
The initial review and all subsequent reviews, except a review hearing under
subsection (b1) of this section, shall be conducted pursuant to G.S. 7B-908.
Any individual whose parental rights have been terminated or who has
relinquished the juvenile for adoption under the provisions of Part 7 of
Article 3 of Chapter 48 of the General Statutes shall not be considered a party
to the review unless an appeal of the order terminating parental rights is
pending, and a court has stayed the order pending the appeal. (1983, c. 607, s. 2; 1993, c. 537, s. 4; 1995, c. 457, s.
6; 1998-202, s. 6; 1998-229, s. 9; 1999-456, s. 60; 2005-398, s. 9; 2007-276,
s. 6; 2013-129, s. 28; 2013-236, s. 1; 2013-410, s. 27.)

§ 7B-910. Review of voluntary foster care placements.

(a) The court shall review the placement of any
juvenile in foster care made pursuant to a voluntary agreement between the
juvenile's parents or guardian and a county department of social services and
shall make findings from evidence presented at a review hearing with regard to:

(1) The voluntariness of the placement;

(2) The appropriateness of the placement;

(3) Whether the placement is in the best interests of
the juvenile; and

(4) The services that have been or should be provided
to the parents, guardian, foster parents, and juvenile, as the case may be,
either (i) to improve the placement or (ii) to eliminate the need for the
placement.

(b) The court may approve the continued placement of
the juvenile in foster care on a voluntary agreement basis, disapprove the
continuation of the voluntary placement, or direct the department of social
services to petition the court for legal custody if the placement is to
continue.

(c) An initial review hearing shall be held not more
than 90 days after the juvenile's placement and shall be calendared by the
clerk for hearing within such period upon timely request by the director of
social services. An additional review hearing shall be held 90 days thereafter
and any review hearings at such times as the court shall deem appropriate and
shall direct, either upon its own motion or upon written request of the
parents, guardian, foster parents, or director of social services. A juvenile
placed under a voluntary agreement between the juvenile's parent or guardian
and the county department of social services shall not remain in placement more
than six months without the filing of a petition alleging abuse, neglect, or
dependency.

(d) The clerk shall give at least 15 days' advance
written notice of the initial and subsequent review hearings to the parents or
guardian of the juvenile, to the juvenile if 12 or more years of age, to the
director of social services, and to any other persons whom the court may
specify. (1983, c. 607, s. 2; 1993, c. 537, s. 4;
1995, c. 457, s. 6; 1998-202, s. 6; 1999-456, s. 60; 2001-208, s. 21; 2001-487,
s. 101.)

§ 7B-911. Civil child custody order.

(a) Upon placing custody with a parent or other
appropriate person, the court shall determine whether or not jurisdiction in
the juvenile proceeding should be terminated and custody of the juvenile
awarded to a parent or other appropriate person pursuant to G.S. 50-13.1, 50-13.2,
50-13.5, and 50-13.7.

(b) When the court enters a custody order under this
section, the court shall either cause the order to be filed in an existing
civil action relating to the custody of the juvenile or, if there is no other
civil action, instruct the clerk to treat the order as the initiation of a
civil action for custody.

If the order is filed in an existing civil action and the person
to whom the court is awarding custody is not a party to that action, the court
shall order that the person be joined as a party and that the caption of the
case be changed accordingly. The order shall resolve any pending claim for
custody and shall constitute a modification of any custody order previously
entered in the action.

If the court's order initiates a civil action, the court
shall designate the parties to the action and determine the most appropriate
caption for the case. The civil filing fee is waived unless the court orders
one or more of the parties to pay the filing fee for a civil action into the
office of the clerk of superior court. The order shall constitute a custody
determination, and any motion to enforce or modify the custody order shall be
filed in the newly created civil action in accordance with the provisions of
Chapter 50 of the General Statutes. The Administrative Office of the Courts may
adopt rules and shall develop and make available appropriate forms for
establishing a civil file to implement this section.

(c) When entering an order under this section, the
court shall satisfy the following:

(1) Make findings and conclusions that support the
entry of a custody order in an action under Chapter 50 of the General Statutes
or, if the juvenile is already the subject of a custody order entered pursuant
to Chapter 50, makes findings and conclusions that support modification of that
order pursuant to G.S. 50-13.7.

(2) Make the following findings:

a. There is not a need for continued State
intervention on behalf of the juvenile through a juvenile court proceeding.

b. At least six months have passed since the court
made a determination that the juvenile's placement with the person to whom the
court is awarding custody is the permanent plan for the juvenile, though this
finding is not required if the court is awarding custody to a parent or to a
person with whom the child was living when the juvenile petition was filed. (2005-320, s. 4; 2013-129, s. 29.)

ARTICLE 10.

Modification and Enforcement of Dispositional Orders;
Appeals

§ 7B-1000. Authority to modify or vacate.

(a) Upon motion in the cause or petition, and after
notice, the court may conduct a review hearing to determine whether the order
of the court is in the best interests of the juvenile, and the court may modify
or vacate the order in light of changes in circumstances or the needs of the
juvenile. Notwithstanding the provision of this subsection, if a guardian of
the person has been appointed for the juvenile and the court has also made
findings that guardianship is the permanent plan for the juvenile, the court
shall proceed in accordance with G.S. 7B-600(b).

(b) In any case where the court finds the juvenile to
be abused, neglected, or dependent, the jurisdiction of the court to modify any
order or disposition made in the case shall continue during the minority of the
juvenile, until terminated by order of the court, or until the juvenile is
otherwise emancipated. (1979, c. 815, s. 1; 1998-202,
s. 6; 1999-456, s. 60; 2000-124, s. 3; 2013-129, s. 30.)

§ 7B-1001. Right to appeal.

(a) In a juvenile matter under this Subchapter, appeal
of a final order of the court in a juvenile matter shall be made directly to
the Court of Appeals. Only the following juvenile matters may be appealed:

(1) Any order finding absence of jurisdiction.

(2) Any order, including the involuntary dismissal of a
petition, which in effect determines the action and prevents a judgment from
which appeal might be taken.

(3) Any initial order of disposition and the
adjudication order upon which it is based.

(4) Any order, other than a nonsecure custody order,
that changes legal custody of a juvenile.

(5) An order entered under G.S. 7B-507(c) with rights
to appeal properly preserved, as follows:

a. The Court of Appeals shall review the order to
cease reunification together with an appeal of the termination of parental
rights order if all of the following apply:

1. A motion or petition to terminate the parent's
rights is heard and granted.

2. The order terminating parental rights is appealed
in a proper and timely manner.

3. The order to cease reunification is identified as
an issue in the record on appeal of the termination of parental rights.

b. A party who is a parent shall have the right to
appeal the order if no termination of parental rights petition or motion is
filed within 180 days of the order.

c. A party who is a custodian or guardian shall have
the right to immediately appeal the order.

(6) Any order that terminates parental rights or denies
a petition or motion to terminate parental rights.

(b) Notice of appeal and notice to preserve the right
to appeal shall be given in writing by a proper party as defined in G.S. 7B-1002
and shall be made within 30 days after entry and service of the order in
accordance with G.S. 1A-1, Rule 58.

(c) Notice of appeal shall be signed by both the
appealing party and counsel for the appealing party, if any. In the case of an
appeal by a juvenile, notice of appeal shall be signed by the guardian ad litem
attorney advocate. (1979, c. 815, s. 1; 1998-202, s.
6; 1999-456, s. 60; 2001-208, s. 25; 2001-487, s. 101; 2005-398, s. 10; 2011-295,
s. 11; 2013-129, s. 31.)

§ 7B-1002. Proper parties for appeal.

Appeal from an order permitted under G.S. 7B-1001 may be
taken by:

(1) A juvenile acting through the juvenile's guardian
ad litem previously appointed under G.S. 7B-601.

(2) A juvenile for whom no guardian ad litem has been
appointed under G.S. 7B-601. If such an appeal is made, the court shall appoint
a guardian ad litem pursuant to G.S. 1A-1, Rule 17 for the juvenile for the
purposes of that appeal.

(3) A county department of social services.

(4) A parent, a guardian appointed under G.S. 7B-600 or
Chapter 35A of the General Statutes, or a custodian as defined in G.S. 7B-101
who is a nonprevailing party.

(a) During an appeal of an order entered under this
Subchapter, the trial court may enforce the order unless the trial court or an
appellate court orders a stay.

(b) Pending disposition of an appeal, unless directed
otherwise by an appellate court or subsection (c) of this section applies, the
trial court shall:

(1) Continue to exercise jurisdiction and conduct
hearings under this Subchapter with the exception of Article 11 of the General
Statutes; and

(2) Enter orders affecting the custody or placement of
the juvenile as the court finds to be in the best interests of the juvenile.

(c) Pending disposition of an appeal of an order
entered under Article 11 of this Chapter where the petition for termination of
parental rights was not filed as a motion in a juvenile matter initiated under
Article 4 of this Chapter, the court may enter a temporary order affecting the
custody or placement of the juvenile as the court finds to be in the best
interests of the juvenile. Upon the affirmation of the order of adjudication or
disposition of the court in a juvenile case by the Court of Appeals, or by the
Supreme Court in the event of an appeal, the court shall have authority to
modify or alter its original order of adjudication or disposition as the court
finds to be in the best interests of the juvenile to reflect any adjustment
made by the juvenile or change in circumstances during the period of time the
case on appeal was pending, provided that if the modifying order be entered ex
parte, the court shall give notice to interested parties to show cause, if
there be any, within 10 days thereafter, as to why the modifying order should
be vacated or altered.

(d) When the court has found that a juvenile has
suffered physical abuse and that the individual responsible for the abuse has a
history of violent behavior, the court shall consider the opinion of the mental
health professional who performed the evaluation under G.S. 7B-503(b) before
returning the juvenile to the custody of that individual pending resolution of
an appeal.

When an order of the court is affirmed by the Court of
Appeals or by the Supreme Court, the trial court may modify or alter the
original order as the court finds to be in the best interests of the juvenile
to reflect any change in circumstances during the period of time the appeal was
pending. If the modifying order is entered ex parte, the court shall give
notice to interested parties to show cause within 10 days thereafter as to why
the modifying order should be vacated or altered. (1979,
c. 815, s. 1; 1998-202, s. 6; 1999-456, s. 60; 2005-398, s. 13.)

Article 11.

Termination of Parental Rights.

§ 7B-1100. Legislative intent; construction of Article.

The General Assembly hereby declares as a matter of
legislative policy with respect to termination of parental rights:

(1) The general purpose of this Article is to provide
judicial procedures for terminating the legal relationship between a juvenile
and the juvenile's biological or legal parents when the parents have
demonstrated that they will not provide the degree of care which promotes the
healthy and orderly physical and emotional well-being of the juvenile.

(2) It is the further purpose of this Article to
recognize the necessity for any juvenile to have a permanent plan of care at
the earliest possible age, while at the same time recognizing the need to
protect all juveniles from the unnecessary severance of a relationship with
biological or legal parents.

(3) Action which is in the best interests of the
juvenile should be taken in all cases where the interests of the juvenile and
those of the juvenile's parents or other persons are in conflict.

The court shall have exclusive original jurisdiction to hear
and determine any petition or motion relating to termination of parental rights
to any juvenile who resides in, is found in, or is in the legal or actual
custody of a county department of social services or licensed child-placing
agency in the district at the time of filing of the petition or motion. The
court shall have jurisdiction to terminate the parental rights of any parent
irrespective of the age of the parent. Provided, that before exercising
jurisdiction under this Article, the court shall find that it has jurisdiction
to make a child-custody determination under the provisions of G.S. 50A-201, 50A-203,
or 50A-204. The court shall have jurisdiction to terminate the parental rights
of any parent irrespective of the state of residence of the parent. Provided,
that before exercising jurisdiction under this Article regarding the parental
rights of a nonresident parent, the court shall find that it has jurisdiction
to make a child-custody determination under the provisions of G.S. 50A-201 or
G.S. 50A-203, without regard to G.S. 50A-204 and that process was served on the
nonresident parent pursuant to G.S. 7B-1106. Provided, further, that the clerk
of superior court shall have jurisdiction for adoptions under Chapter 48 of the
General Statutes. (1977, c. 879, s. 8; 1979, c. 110,
s. 7; 1979, 2nd Sess., c. 1206, s. 1; 1981, c. 996, s. 1; 1983, c. 89, s. 1;
1995, c. 457, s. 3; 1998-202, s. 6; 1999-223, s. 6; 1999-456, s. 60; 2000-144,
s. 18; 2000-183, s. 2; 2003-140, s. 4; 2005-398, s. 14; 2007-152, s. 1.)

§ 7B-1101.1. Parent's right to counsel; guardian ad litem.

(a) The parent has the right to counsel, and to
appointed counsel in cases of indigency, unless the parent waives the right.
The fees of appointed counsel shall be borne by the Office of Indigent Defense
Services. When a petition is filed, unless the parent is already represented by
counsel, the clerk shall appoint provisional counsel for each respondent parent
named in the petition in accordance with rules adopted by the Office of
Indigent Defense Services and shall indicate the appointment on the juvenile summons.
At the first hearing after service upon the respondent parent, the court shall
dismiss the provisional counsel if the respondent parent:

(1) Does not appear at the hearing;

(2) Does not qualify for court-appointed counsel;

(3) Has retained counsel; or

(4) Waives the right to counsel.

The court shall confirm the appointment of counsel if
subdivisions (1) through (4) of this subsection are not applicable to the
respondent parent. The court may reconsider a parent's eligibility and desire
for appointed counsel at any stage of the proceeding.

(a1) A parent qualifying for appointed counsel may be
permitted to proceed without the assistance of counsel only after the court
examines the parent and makes findings of fact sufficient to show that the
waiver is knowing and voluntary. This examination shall be reported as provided
in G.S. 7B-806.

(b) In addition to the right to appointed counsel
under subsection (a) of this section, a guardian ad litem shall be appointed in
accordance with G.S. 1A-1, Rule 17, to represent any parent who is under the
age of 18 years and who is not married or otherwise emancipated.

(c) On motion of any party or on the court's own
motion, the court may appoint a guardian ad litem for a parent who is
incompetent in accordance with G.S. 1A-1, Rule 17.

(d) The parent's counsel shall not be appointed to
serve as the guardian ad litem and the guardian ad litem shall not act as the
parent's attorney. Communications between the guardian ad litem appointed under
this section and the parent and between the guardian ad litem and the parent's
counsel shall be privileged and confidential to the same extent that
communications between the parent and the parent's counsel are privileged and
confidential.

(e) Repealed by Session Laws 2013-129, s. 32, effective
October 1, 2013, and applicable to actions filed or pending on or after that
date.

(f) The fees of a guardian ad litem appointed pursuant
to this section shall be borne by the Office of Indigent Defense Services when
the court finds that the respondent is indigent. In other cases, the fees of
the court-appointed guardian ad litem shall be a proper charge against the
respondent if the respondent does not secure private legal counsel. (2005-398, s. 15; 2009-311, s. 9; 2011-326, s. 12(b); 2012-194,
s. 41; 2013-129, s. 32.)

§ 7B-1102. Pending child abuse, neglect, or dependency
proceedings.

(a) When the district court is exercising jurisdiction
over a juvenile and the juvenile's parent in an abuse, neglect, or dependency
proceeding, a person or agency specified in G.S. 7B-1103(a) may file in that
proceeding a motion for termination of the parent's rights in relation to the
juvenile.

(b) A motion pursuant to subsection (a) of this
section and the notice required by G.S. 7B-1106.1 shall be served in accordance
with G.S. 1A-1, Rule 5(b), except:

(1) Service must be in accordance with G.S. 1A-1, Rule
4, if one of the following applies:

a. The person or agency to be served was not served
originally with summons.

b. The person or agency to be served was served
originally by publication that did not include notice substantially in
conformity with the notice required by G.S. 7B-406(b)(4)e.

c. Two years has elapsed since the date of the
original action.

(2) In any case, the court may order that service of
the motion and notice be made pursuant to G.S. 1A-1, Rule 4.

For purposes of this section, the parent of the juvenile
shall not be deemed to be under disability even though the parent is a minor.

(b1) If a parent who is served under G.S. 1A-1, Rule 4,
with a motion under this section has an attorney of record, a copy of the
motion and the notice served upon the parent shall also be sent to the parent's
attorney.

(c) When a petition for termination of parental rights
is filed in the same district in which there is pending an abuse, neglect, or
dependency proceeding involving the same juvenile, the court on its own motion
or motion of a party may consolidate the action pursuant to G.S. 1A-1, Rule 42.
(1998-229, ss. 9.1, 26.1; 1999-456, s. 60; 2000-183,
s. 3; 2011-332, s. 4.1.)

§ 7B-1103. Who may file a petition or motion.

(a) A petition or motion to terminate the parental
rights of either or both parents to his, her, or their minor juvenile may only
be filed by one or more of the following:

(1) Either parent seeking termination of the right of
the other parent.

(2) Any person who has been judicially appointed as the
guardian of the person of the juvenile.

(3) Any county department of social services,
consolidated county human services agency, or licensed child-placing agency to
whom custody of the juvenile has been given by a court of competent
jurisdiction.

(4) Any county department of social services,
consolidated county human services agency, or licensed child-placing agency to
which the juvenile has been surrendered for adoption by one of the parents or
by the guardian of the person of the juvenile, pursuant to G.S. 48-3-701.

(5) Any person with whom the juvenile has resided for a
continuous period of two years or more next preceding the filing of the
petition or motion.

(6) Any guardian ad litem appointed to represent the
minor juvenile pursuant to G.S. 7B-601 who has not been relieved of this
responsibility.

(7) Any person who has filed a petition for adoption
pursuant to Chapter 48 of the General Statutes.

(b) Any person or agency that may file a petition
under subsection (a) of this section may intervene in a pending abuse, neglect,
or dependency proceeding for the purpose of filing a motion to terminate
parental rights.

The petition, or motion pursuant to G.S. 7B-1102, shall be
verified by the petitioner or movant and shall be entitled "In Re (last
name of juvenile), a minor juvenile", who shall be a party to the action,
and shall set forth such of the following facts as are known; and with respect
to the facts which are unknown the petitioner or movant shall so state:

(1) The name of the juvenile as it appears on the
juvenile's birth certificate, the date and place of birth, and the county where
the juvenile is presently residing.

(2) The name and address of the petitioner or movant
and facts sufficient to identify the petitioner or movant as one authorized by
G.S. 7B-1103 to file a petition or motion.

(3) The name and address of the parents of the
juvenile. If the name or address of one or both parents is unknown to the
petitioner or movant, the petitioner or movant shall set forth with
particularity the petitioner's or movant's efforts to ascertain the identity or
whereabouts of the parent or parents. The information may be contained in an
affidavit attached to the petition or motion and incorporated therein by
reference. A person whose actions resulted in a conviction under G.S. 14-27.2
or G.S. 14-27.3 and the conception of the juvenile need not be named in the
petition.

(4) The name and address of any person who has been
judicially appointed as guardian of the person of the juvenile.

(5) The name and address of any person or agency to
whom custody of the juvenile has been given by a court of this or any other
state; and a copy of the custody order shall be attached to the petition or
motion.

(6) Facts that are sufficient to warrant a determination
that one or more of the grounds for terminating parental rights exist.

(a) If either the name or identity of any parent whose
parental rights the petitioner seeks to terminate is not known to the
petitioner, the court shall, within 10 days from the date of filing of the
petition, or during the next term of court in the county where the petition is
filed if there is no court in the county in that 10-day period, conduct a
preliminary hearing to ascertain the name or identity of such parent.

(b) The court may, in its discretion, inquire of any
known parent of the juvenile concerning the identity of the unknown parent and
may order the petitioner to conduct a diligent search for the parent. Should
the court ascertain the name or identity of the parent, it shall enter a
finding to that effect; and the parent shall be summoned to appear in accordance
with G.S. 7B-1106.

(c) Notice of the preliminary hearing need be given
only to the petitioner who shall appear at the hearing, but the court may cause
summons to be issued to any person directing the person to appear and testify.

(d) If the court is unable to ascertain the name or
identity of the unknown parent, the court shall order publication of notice of
the termination proceeding and shall specifically order the place or places of
publication and the contents of the notice which the court concludes is most
likely to identify the juvenile to such unknown parent. The notice shall be
published in a newspaper qualified for legal advertising in accordance with
G.S. 1-597 and G.S. 1-598 and published in the counties directed by the court,
once a week for three successive weeks. Provided, further, the notice shall:

(1) Designate the court in which the petition is
pending;

(2) Be directed to "the father (mother) (father
and mother) of a male (female) juvenile born on or
about__________________________ in

(date)

County, ,

(city)

___________________________________________ ,
respondent";

(State)

(3) Designate the docket number and title of the case
(the court may direct the actual name of the title be eliminated and the words
"In Re Doe" substituted therefor);

(4) State that a petition seeking to terminate the
parental rights of the respondent has been filed;

(5) Direct the respondent to answer the petition within
30 days after a date stated in the notice, exclusive of such date, which date
so stated shall be the date of first publication of notice and be substantially
in the form as set forth in G.S. 1A-1, Rule 4(j1); and

(6) State that the respondent's parental rights to the
juvenile will be terminated upon failure to answer the petition within the time
prescribed.

Upon completion of the service, an affidavit of the publisher
shall be filed with the court.

(e) The court shall issue the order required by
subsections (b) and (d) of this section within 30 days from the date of the
preliminary hearing unless the court shall determine that additional time for
investigation is required.

(f) Upon the failure of the parent served by
publication pursuant to subsection (d) of this section to answer the petition
within the time prescribed, the court shall issue an order terminating all
parental rights of the unknown parent. (1977, c. 879,
s. 8; 1987, c. 282, s. 1; 1998-202, s. 6; 1999-456, s. 60; 2011-295, s. 12.)

§ 7B-1106. Issuance of summons.

(a) Except as provided in G.S. 7B-1105, upon the
filing of the petition, the court shall cause a summons to be issued. The
summons shall be directed to the following persons or agency, not otherwise a
party petitioner, who shall be named as respondents:

(1) The parents of the juvenile. However, a summons
does not need to be directed to or served upon any parent who, under Chapter 48
of the General Statutes, has irrevocably relinquished the juvenile to a county
department of social services or licensed child-placing agency or to any parent
who has consented to the adoption of the juvenile by the petitioner.

(2) Any person who has been judicially appointed as
guardian of the person of the juvenile.

(3) The custodian of the juvenile appointed by a court
of competent jurisdiction.

(4) Any county department of social services or
licensed child-placing agency to whom a juvenile has been released by one
parent pursuant to Part 7 of Article 3 of Chapter 48 of the General Statutes or
any county department of social services to whom placement responsibility for
the child has been given by a court of competent jurisdiction.

(5) Repealed by Session Laws 2009-38, s. 3, effective
May 27, 2009.

The summons shall notify the respondents to file a written
answer within 30 days after service of the summons and petition. Service of the
summons shall be completed as provided under the procedures established by G.S.
1A-1, Rule 4(j). But the parent of the juvenile shall not be deemed to be under
a disability even though the parent is a minor.

(a1) If a guardian ad litem has been appointed for the
juvenile pursuant to G.S. 7B-601 and has not been relieved of responsibility or
if the court appoints a guardian ad litem for the juvenile after the petition
is filed, a copy of all pleadings and other papers required to be served shall
be served on the juvenile's guardian ad litem or attorney advocate pursuant to
procedures established under G.S. 1A-1, Rule 5.

(a2) If an attorney has been appointed for a respondent
pursuant to G.S. 7B-602 and has not been relieved of responsibility, a copy of
all pleadings and other papers required to be served on the respondent shall be
served on the respondent's attorney pursuant to procedures established under
G.S. 1A-1, Rule 5.

(b) The summons shall be issued for the purpose of
terminating parental rights pursuant to the provisions of subsection (a) of
this section and shall include:

(1) The name of the minor juvenile;

(2) Notice that a written answer to the petition must
be filed with the clerk who signed the petition within 30 days after service of
the summons and a copy of the petition, or the parent's rights may be
terminated;

(3) Notice that any counsel appointed previously and
still representing the parent in an abuse, neglect, or dependency proceeding
shall continue to represent the parent unless otherwise ordered by the court;

(4) Notice that if the parent is indigent and is not
already represented by appointed counsel, the parent is entitled to appointed
counsel, that provisional counsel has been appointed, and that the appointment
of provisional counsel shall be reviewed by the court at the first hearing
after service;

(5) Notice that the date, time, and place of any
pretrial hearing pursuant to G.S. 7B-1108.1 and the hearing on the petition
will be mailed by the petitioner upon filing of the answer or 30 days from the
date of service if no answer is filed; and

(6) Notice of the purpose of the hearing and notice
that the parents may attend the termination hearing.

(a) Upon the filing of a motion pursuant to G.S. 7B-1102,
the movant shall prepare a notice directed to each of the following persons or
agency, not otherwise a movant:

(1) The parents of the juvenile. However, notice does
not need to be directed to or served upon any parent who, under Chapter 48 of
the General Statutes, has irrevocably relinquished the juvenile to a county
department of social services or licensed child-placing agency or to any parent
who has consented to the adoption of the juvenile by the movant.

(2) Any person who has been judicially appointed as
guardian of the person of the juvenile.

(3) The custodian of the juvenile appointed by a court
of competent jurisdiction.

(4) Any county department of social services or
licensed child-placing agency to whom a juvenile has been released by one
parent pursuant to Part 7 of Article 3 of Chapter 48 of the General Statutes or
any county department of social services to whom placement responsibility for
the juvenile has been given by a court of competent jurisdiction.

(5) The juvenile's guardian ad litem or attorney
advocate, if one has been appointed pursuant to G.S. 7B-601 and has not been
relieved of responsibility.

(6) Repealed by Session Laws 2009-38, s. 4, effective
May 27, 2009.

The notice shall notify the person or agency to whom it is
directed to file a written response within 30 days after service of the motion
and notice. Service of the motion and notice shall be completed as provided
under G.S. 7B-1102(b).

(b) The notice required by subsection (a) of this
section shall include all of the following:

(1) The name of the minor juvenile.

(2) Notice that a written response to the motion must
be filed with the clerk within 30 days after service of the motion and notice,
or the parent's rights may be terminated.

(3) Notice that any counsel appointed previously and
still representing the parent in an abuse, neglect, or dependency proceeding
will continue to represent the parents unless otherwise ordered by the court.

(4) Notice that if the parent is indigent, the parent
is entitled to appointed counsel and if the parent is not already represented
by appointed counsel the parent may contact the clerk immediately to request
counsel.

(5) Notice that the date, time, and place of any
pretrial hearing pursuant to G.S. 7B-1108.1 and the hearing on the motion will
be mailed by the moving party upon filing of the response or 30 days from the
date of service if no response is filed.

(6) Notice of the purpose of the hearing and notice
that the parents may attend the termination hearing.

(c) If a county department of social services, not
otherwise a movant, is served with a motion seeking termination of a parent's
rights, the director shall file a written response and shall be deemed a party
to the proceeding. (2000-183, s. 6; 2009-38, s. 4;
2009-311, s. 11.)

§ 7B-1107. Failure of parent to answer or respond.

Upon the failure of a respondent parent to file written
answer to the petition or written response to the motion within 30 days after
service of the summons and petition or notice and motion, or within the time
period established for a defendant's reply by G.S. 1A-1, Rule 4(j1) if service
is by publication, the court may issue an order terminating all parental and
custodial rights of that parent with respect to the juvenile; provided the
court shall order a hearing on the petition or motion and may examine the
petitioner or movant or others on the facts alleged in the petition or motion. (1977, c. 879, s. 8; 1979, c. 525, s. 3; 1987, c. 282, s. 2;
1998-202, s. 6; 1998-229, s. 10; 1999-456, s. 60; 2000-183, s. 7.)

(a) Any respondent may file a written answer to the
petition or written response to the motion. Only a district court judge may
grant an extension of time in which to answer or respond. The answer or
response shall admit or deny the allegations of the petition or motion and
shall set forth the name and address of the answering respondent or the
respondent's attorney.

(b) If an answer or response denies any material
allegation of the petition or motion, the court shall appoint a guardian ad
litem for the juvenile to represent the best interests of the juvenile, unless
the petition or motion was filed by the guardian ad litem pursuant to G.S. 7B-1103,
or a guardian ad litem has already been appointed pursuant to G.S. 7B-601. A
licensed attorney shall be appointed to assist those guardians ad litem who are
not attorneys licensed to practice in North Carolina. The appointment, duties,
and payment of the guardian ad litem shall be the same as in G.S. 7B-601 and
G.S. 7B-603, but in no event shall a guardian ad litem who is trained and
supervised by the guardian ad litem program be appointed to any case unless the
juvenile is or has been the subject of a petition for abuse, neglect, or
dependency or with good cause shown the local guardian ad litem program
consents to the appointment.

(c) In proceedings under this Article, the appointment
of a guardian ad litem shall not be required except, as provided above, in
cases in which an answer or response is filed denying material allegations, or
as required under G.S. 7B-1101; but the court may, in its discretion, appoint a
guardian ad litem for a juvenile, either before or after determining the
existence of grounds for termination of parental rights, in order to assist the
court in determining the best interests of the juvenile.

(d) If a guardian ad litem has previously been
appointed for the juvenile under G.S. 7B-601, and the appointment of a guardian
ad litem could also be made under this section, the guardian ad litem appointed
under G.S. 7B-601, and any attorney appointed to assist that guardian, shall
also represent the juvenile in all proceedings under this Article and shall
have the duties and payment of a guardian ad litem appointed under this
section, unless the court determines that the best interests of the juvenile require
otherwise. (1977, c. 879, s. 8; 1981 (Reg. Sess.,
1982), c. 1331, s. 3; 1983, c. 870, s. 2; 1989 (Reg. Sess., 1990), c. 851, s.
1; 1998-202, s. 6; 1999-456, s. 60; 2000-183, s. 8; 2003-140, s. 7; 2009-311,
s. 12; 2011-295, s. 14.)

§ 7B-1108.1. Pretrial hearing.

(a) The court shall conduct a pretrial hearing.
However, the court may combine the pretrial hearing with the adjudicatory
hearing on termination in which case no separate pretrial hearing order is
required. At the pretrial hearing, the court shall consider the following:

(1) Retention or release of provisional counsel.

(2) Whether a guardian ad litem should be appointed for
the juvenile, if not previously appointed.

(3) Whether all summons, service of process, and notice
requirements have been met.

(4) Any pretrial motions.

(5) Any issues raised by any responsive pleading,
including any affirmative defenses.

(6) Any other issue which can be properly addressed as
a preliminary matter.

(b) Written notice of the pretrial hearing shall be in
accordance with G.S. 7B-1106 and G.S. 7B-1106.1. (2009-311,
s. 13.)

§ 7B-1109. Adjudicatory hearing on termination.

(a) The hearing on the termination of parental rights
shall be conducted by the court sitting without a jury and shall be held in the
district at such time and place as the chief district court judge shall
designate, but no later than 90 days from the filing of the petition or motion
unless the judge pursuant to subsection (d) of this section orders that it be
held at a later time. Reporting of the hearing shall be as provided by G.S. 7A-198
for reporting civil trials.

(b) The court shall inquire whether the juvenile's parents
are present at the hearing and, if so, whether they are represented by counsel.
If the parents are not represented by counsel, the court shall inquire whether
the parents desire counsel but are indigent. In the event that the parents
desire counsel but are indigent as defined in G.S. 7A-450(a) and are unable to
obtain counsel to represent them, counsel shall be appointed to represent them
in accordance with rules adopted by the Office of Indigent Defense Services.
The court shall grant the parents such an extension of time as is reasonable to
permit their appointed counsel to prepare their defense to the termination
petition or motion.

(c) The court may, upon finding that reasonable cause
exists, order the juvenile to be examined by a psychiatrist, a licensed
clinical psychologist, a physician, a public or private agency, or any other
expert in order that the juvenile's psychological or physical condition or
needs may be ascertained or, in the case of a parent whose ability to care for
the juvenile is at issue, the court may order a similar examination of any
parent of the juvenile.

(d) The court may for good cause shown continue the
hearing for up to 90 days from the date of the initial petition in order to
receive additional evidence including any reports or assessments that the court
has requested, to allow the parties to conduct expeditious discovery, or to
receive any other information needed in the best interests of the juvenile.
Continuances that extend beyond 90 days after the initial petition shall be
granted only in extraordinary circumstances when necessary for the proper
administration of justice, and the court shall issue a written order stating
the grounds for granting the continuance.

(e) The court shall take evidence, find the facts, and
shall adjudicate the existence or nonexistence of any of the circumstances set
forth in G.S. 7B-1111 which authorize the termination of parental rights of the
respondent. The adjudicatory order shall be reduced to writing, signed, and
entered no later than 30 days following the completion of the termination of
parental rights hearing. If the order is not entered within 30 days following
completion of the hearing, the clerk of court for juvenile matters shall
schedule a subsequent hearing at the first session of court scheduled for the
hearing of juvenile matters following the 30-day period to determine and
explain the reason for the delay and to obtain any needed clarification as to
the contents of the order. The order shall be entered within 10 days of the subsequent
hearing required by this subsection.

(a) After an adjudication that one or more grounds for
terminating a parent's rights exist, the court shall determine whether
terminating the parent's rights is in the juvenile's best interest. The court
may consider any evidence, including hearsay evidence as defined in G.S. 8C-1,
Rule 801, that the court finds to be relevant, reliable, and necessary to
determine the best interests of the juvenile. In each case, the court shall consider
the following criteria and make written findings regarding the following that
are relevant:

(1) The age of the juvenile.

(2) The likelihood of adoption of the juvenile.

(3) Whether the termination of parental rights will aid
in the accomplishment of the permanent plan for the juvenile.

(4) The bond between the juvenile and the parent.

(5) The quality of the relationship between the
juvenile and the proposed adoptive parent, guardian, custodian, or other
permanent placement.

(6) Any relevant consideration.

Any order shall be reduced to writing, signed, and entered no
later than 30 days following the completion of the termination of parental
rights hearing. If the order is not entered within 30 days following completion
of the hearing, the clerk of court for juvenile matters shall schedule a
subsequent hearing at the first session of court scheduled for the hearing of
juvenile matters following the 30-day period to determine and explain the
reason for the delay and to obtain any needed clarification as to the contents
of the order. The order shall be entered within 10 days of the subsequent
hearing required by this subsection.

(b) Should the court conclude that, irrespective of
the existence of one or more circumstances authorizing termination of parental
rights, the best interests of the juvenile require that rights should not be
terminated, the court shall dismiss the petition or deny the motion, but only
after setting forth the facts and conclusions upon which the dismissal or denial
is based.

(c) Should the court determine that circumstances
authorizing termination of parental rights do not exist, the court shall
dismiss the petition or deny the motion, making appropriate findings of fact
and conclusions.

(d) Counsel for the petitioner or movant shall serve a
copy of the termination of parental rights order upon the guardian ad litem for
the juvenile, if any, and upon the juvenile if the juvenile is 12 years of age
or older.

(a) The court may terminate the parental rights upon a
finding of one or more of the following:

(1) The parent has abused or neglected the juvenile.
The juvenile shall be deemed to be abused or neglected if the court finds the
juvenile to be an abused juvenile within the meaning of G.S. 7B-101 or a
neglected juvenile within the meaning of G.S. 7B-101.

(2) The parent has willfully left the juvenile in
foster care or placement outside the home for more than 12 months without
showing to the satisfaction of the court that reasonable progress under the
circumstances has been made in correcting those conditions which led to the
removal of the juvenile. Provided, however, that no parental rights shall be
terminated for the sole reason that the parents are unable to care for the
juvenile on account of their poverty.

(3) The juvenile has been placed in the custody of a
county department of social services, a licensed child-placing agency, a child-caring
institution, or a foster home, and the parent, for a continuous period of six
months next preceding the filing of the petition or motion, has willfully
failed for such period to pay a reasonable portion of the cost of care for the
juvenile although physically and financially able to do so.

(4) One parent has been awarded custody of the juvenile
by judicial decree or has custody by agreement of the parents, and the other
parent whose parental rights are sought to be terminated has for a period of
one year or more next preceding the filing of the petition or motion willfully
failed without justification to pay for the care, support, and education of the
juvenile, as required by said decree or custody agreement.

(5) The father of a juvenile born out of wedlock has
not, prior to the filing of a petition or motion to terminate parental rights,
done any of the following:

a. Filed an affidavit of paternity in a central
registry maintained by the Department of Health and Human Services; provided,
the petitioner or movant shall inquire of the Department of Health and Human
Services as to whether such an affidavit has been so filed and the Department's
certified reply shall be submitted to and considered by the court.

b. Legitimated the juvenile pursuant to provisions of
G.S. 49-10, G.S. 49-12.1, or filed a petition for this specific purpose.

c. Legitimated the juvenile by marriage to the mother
of the juvenile.

d. Provided substantial financial support or
consistent care with respect to the juvenile and mother.

e. Established paternity through G.S. 49-14, 110-132, 130A-101,
130A-118, or other judicial proceeding.

(6) That the parent is incapable of providing for the
proper care and supervision of the juvenile, such that the juvenile is a
dependent juvenile within the meaning of G.S. 7B-101, and that there is a reasonable
probability that such incapability will continue for the foreseeable future.
Incapability under this subdivision may be the result of substance abuse,
mental retardation, mental illness, organic brain syndrome, or any other cause
or condition that renders the parent unable or unavailable to parent the
juvenile and the parent lacks an appropriate alternative child care
arrangement.

(7) The parent has willfully abandoned the juvenile for
at least six consecutive months immediately preceding the filing of the
petition or motion, or the parent has voluntarily abandoned an infant pursuant
to G.S. 7B-500 for at least 60 consecutive days immediately preceding the
filing of the petition or motion.

(8) The parent has committed murder or voluntary
manslaughter of another child of the parent or other child residing in the
home; has aided, abetted, attempted, conspired, or solicited to commit murder
or voluntary manslaughter of the child, another child of the parent, or other
child residing in the home; has committed a felony assault that results in
serious bodily injury to the child, another child of the parent, or other child
residing in the home; or has committed murder or voluntary manslaughter of the
other parent of the child. The petitioner has the burden of proving any of
these offenses in the termination of parental rights hearing by (i) proving the
elements of the offense or (ii) offering proof that a court of competent
jurisdiction has convicted the parent of the offense, whether or not the
conviction was by way of a jury verdict or any kind of plea. If the parent has
committed the murder or voluntary manslaughter of the other parent of the
child, the court shall consider whether the murder or voluntary manslaughter
was committed in self-defense or in the defense of others, or whether there was
substantial evidence of other justification.

(9) The parental rights of the parent with respect to
another child of the parent have been terminated involuntarily by a court of
competent jurisdiction and the parent lacks the ability or willingness to
establish a safe home.

(10) Where the juvenile has been relinquished to a county
department of social services or a licensed child-placing agency for the
purpose of adoption or placed with a prospective adoptive parent for adoption;
the consent or relinquishment to adoption by the parent has become irrevocable
except upon a showing of fraud, duress, or other circumstance as set forth in
G.S. 48-3-609 or G.S. 48-3-707; termination of parental rights is a condition
precedent to adoption in the jurisdiction where the adoption proceeding is to
be filed; and the parent does not contest the termination of parental rights.

(11) The parent has been convicted of a sexually related
offense under Chapter 14 of the General Statutes that resulted in the
conception of the juvenile.

An order terminating the parental rights completely and
permanently terminates all rights and obligations of the parent to the juvenile
and of the juvenile to the parent arising from the parental relationship,
except that the juvenile's right of inheritance from the juvenile's parent
shall not terminate until a final order of adoption is issued. The parent is
not thereafter entitled to notice of proceedings to adopt the juvenile and may
not object thereto or otherwise participate therein:

(1) If the juvenile had been placed in the custody of
or released for adoption by one parent to a county department of social
services or licensed child-placing agency and is in the custody of the agency
at the time of the filing of the petition or motion, including a petition or
motion filed pursuant to G.S. 7B-1103(a)(6), that agency shall, upon entry of
the order terminating parental rights, acquire all of the rights for placement
of the juvenile, except as otherwise provided in G.S. 7B-908(d), as the agency
would have acquired had the parent whose rights are terminated released the
juvenile to that agency pursuant to the provisions of Part 7 of Article 3 of
Chapter 48 of the General Statutes, including the right to consent to the
adoption of the juvenile.

(2) Except as provided in subdivision (1) above, upon
entering an order terminating the parental rights of one or both parents, the
court may place the juvenile in the custody of the petitioner or movant, or
some other suitable person, or in the custody of the department of social
services or licensed child-placing agency, as may appear to be in the best
interests of the juvenile. (1977, c. 879, s. 8; 1983,
c. 870, s. 3; 1995, c. 457, s. 5; 1998-202, s. 6; 1998-229, s. 11; 1999-456, s.
60; 2000-183, s. 12; 2011-295, s. 17; 2012-194, s. 2.)

§ 7B-1112.1. Selection of adoptive parents.

The process of selection of specific adoptive parents shall
be the responsibility of and within the discretion of the county department of
social services or licensed child-placing agency. In selecting the adoptive
parents, any current placement provider wanting to adopt the child shall be
considered. The guardian ad litem may request information from and consult with
the county department or child-placing agency concerning the selection process.
If the guardian ad litem requests information about the selection process, the
county shall provide the information within five business days. The county
department of social services shall notify the guardian ad litem and the foster
parents of the selection of prospective adoptive parents within 10 days of the
selection and before the filing of the adoption petition. If the guardian ad
litem disagrees with the selection of adoptive parents or the foster parents
want to adopt the juvenile and were not selected as adoptive parents, the
guardian ad litem or foster parents shall file a motion within 10 days of the
department's notification and schedule the case for hearing on the next
juvenile calendar. The department shall not change the juvenile's placement to
the prospective adoptive parents unless the time period for filing a motion has
expired and no motion has been filed. The Department shall provide a copy of a
motion for judicial review of adoption selection to the foster parents not
selected. Nothing in this section shall be construed to make the foster parents
a party to the proceeding solely based on receiving notification and the right
to be heard by filing a motion. In hearing any motion, the court shall consider
the recommendations of the agency and the guardian ad litem and other facts
related to the selection of adoptive parents. The court shall then determine
whether the proposed adoptive placement is in the juvenile's best interests. (2011-295, s. 18; 2013-129, s. 36.)

(a) A juvenile whose parent's rights have been
terminated, the guardian ad litem attorney, or a county department of social
services with custody of the juvenile may file a motion to reinstate the
parent's rights if all of the following conditions are satisfied:

(1) The juvenile is at least 12 years of age or, if the
juvenile is younger than 12, the motion alleges extraordinary circumstances
requiring consideration of the motion.

(2) The juvenile does not have a legal parent, is not
in an adoptive placement, and is not likely to be adopted within a reasonable
period of time.

(3) The order terminating parental rights was entered
at least three years before the filing of the motion, unless the court has
found or the juvenile's attorney advocate and the county department of social
services with custody of the juvenile stipulate that the juvenile's permanent
plan is no longer adoption.

(b) If a motion could be filed under subsection (a) of
this section and the parent whose rights have been terminated contacts the county
department of social services with custody of the juvenile or the juvenile's
guardian ad litem regarding reinstatement of the parent's rights, the
department or the guardian ad litem shall notify the juvenile that the juvenile
has a right to file a motion for reinstatement of parental rights.

(c) If a motion to reinstate parental rights is filed
and the juvenile does not have a guardian ad litem appointed pursuant to G.S.
7B-601, the court shall appoint a guardian ad litem to represent the best
interests of the juvenile. The appointment, duties, and payment of the guardian
ad litem and the guardian ad litem attorney shall be the same as in G.S. 7B-601
and G.S. 7B-603.

(d) The party filing a motion to reinstate parental
rights shall serve the motion on each of the following who is not the movant:

(3) The county department of social services with
custody of the juvenile.

(4) The former parent whose rights the motion seeks to
have reinstated.

A former parent who is served under this subsection is not a
party to the proceeding and is not entitled to appointed counsel but may retain
counsel at the former parent's own expense.

(e) The movant shall ask the clerk to calendar the
case for a preliminary hearing on the motion for reinstatement of parental
rights within 60 days of the filing of the motion at a session of court
scheduled for the hearing of juvenile matters. The movant shall give at least
15 days' notice of the hearing and state its purpose to the persons listed in
subdivisions (d)(1) through (d)(4) of this section. In addition, the movant
shall send a notice of the hearing to the juvenile's placement provider.
Nothing in this section shall be construed to make the former parent or the
juvenile's placement provider a party to the proceeding based solely on being
served with the motion or receiving notice and the right to be heard.

(f) At least seven days before the preliminary
hearing, the department of social services and the juvenile's guardian ad litem
shall provide to the court, the other parties, and the former parent reports
that address the factors specified in subsection (g) of this section.

(g) At the preliminary hearing and any subsequent
hearing on the motion, the court shall consider information from the county
department of social services with custody of the juvenile, the juvenile, the
juvenile's guardian ad litem, the juvenile's former parent whose parental rights
are the subject of the motion, the juvenile's placement provider, and any other
person or agency that may aid the court in its review. The court may consider
any evidence, including hearsay evidence as defined in G.S. 8C-1, Rule 801,
that the court finds to be relevant, reliable, and necessary to determine the
needs of the juvenile and whether reinstatement is in the juvenile's best
interest. The court shall consider the following criteria and make written
findings regarding the following that are relevant:

(1) What efforts were made to achieve adoption or a
permanent guardianship.

(2) Whether the parent whose rights the motion seeks to
have reinstated has remedied the conditions that led to the juvenile's removal
and termination of the parent's rights.

(3) Whether the juvenile would receive proper care and
supervision in a safe home if placed with the parent.

(4) The age and maturity of the child and the ability
of the child to express the child's preference.

(5) The parent's willingness to resume contact with the
juvenile and to have parental rights reinstated.

(6) The juvenile's willingness to resume contact with
the parent and to have parental rights reinstated.

(7) Services that would be needed by the juvenile and
the parent if the parent's rights were reinstated.

(8) Any other criteria the court deems necessary.

(h) At the conclusion of the preliminary hearing, the
court shall either dismiss the motion or order that the juvenile's permanent
plan become reinstatement of parental rights. If the court does not dismiss the
motion, the court shall conduct interim hearings at least every six months
until the motion is granted or dismissed. Interim hearings may be combined with
posttermination of parental rights review hearings required by G.S. 7B-908. At
each interim hearing, the court shall assess whether the plan of reinstatement
of parental rights continues to be in the juvenile's best interest and whether
the department of social services has made reasonable efforts to achieve the
permanent plan.

(i) At any hearing under this section, after making
proper findings of fact and conclusions of law, the court may do one of the
following:

(1) Enter an order for visitation in accordance with
G.S. 7B-905.1.

(2) Order that the juvenile be placed in the former
parent's home and supervised by the department of social services either
directly or, when the former parent lives in a different county, through
coordination with the county department of social services in that county, or
by other personnel as may be available to the court, subject to conditions
applicable to the former parent as the court may specify. Any order authorizing
placement with the former parent shall specify that the juvenile's placement
and care remain the responsibility of the county department of social services
with custody of the juvenile and that the department is to provide or arrange
for the placement of the juvenile.

(j) The court shall either dismiss or grant a motion
for reinstatement of parental rights within 12 months from the date the motion
was filed, unless the court makes written findings why a final determination
cannot be made within that time. If the court makes such findings, the court
shall specify the time frame in which a final order shall be entered.

(k) An order reinstating parental rights restores all
rights, powers, privileges, immunities, duties, and obligations of the parent
as to the juvenile, including those relating to custody, control, and support
of the juvenile. If a parent's rights are reinstated, the court shall be
relieved of the duty to conduct periodic reviews.

(l) An order shall be entered no later than 30 days
following the completion of any hearing pursuant to this section. If the order
is not entered within 30 days following completion of the hearing, the clerk of
court for juvenile matters shall schedule a subsequent hearing at the first
session of court scheduled for the hearing of juvenile matters following the 30-day
period to determine and explain the reason for the delay and to obtain any
needed clarification as to the contents of the order. The order shall be
entered within 10 days of the subsequent hearing required by this subsection.

(m) The granting of a motion for reinstatement of
parental rights does not vacate or otherwise affect the validity of the
original order terminating parental rights.

(n) A parent whose rights are reinstated pursuant to
this section is not liable for child support or the costs of any services
provided to the juvenile for the period from the date of the order terminating
the parent's rights to the date of the order reinstating the parent's rights. (2011-295, s. 18; 2013-129, s. 37.)

Article 12.

Guardian ad Litem Program.

§ 7B-1200. Office of Guardian ad Litem Services established.

There is established within the Administrative Office of the
Courts an Office of Guardian ad Litem Services to provide services in
accordance with G.S. 7B-601 to abused, neglected, or dependent juveniles
involved in judicial proceedings and to assure that all participants in these
proceedings are adequately trained to carry out their responsibilities. Each
local program shall consist of volunteer guardians ad litem, at least one program
attorney, a program coordinator who is a paid State employee, and any clerical
staff as the Administrative Office of the Courts in consultation with the local
program deems necessary. The Administrative Office of the Courts shall adopt
rules and regulations necessary and appropriate for the administration of the
program. (1983, c. 761, s. 160; 1987 (Reg. Sess.,
1988), c. 1037, s. 32; c. 1090, s. 7; 1998-202, s. 6.)

§ 7B-1201. Implementation and administration.

(a) Local Programs. - The Administrative Office of the
Courts shall, in cooperation with each chief district court judge and other
personnel in the district, implement and administer the program mandated by
this Article. Where a local program has not yet been established in accordance
with this Article, the district court district shall operate a guardian ad
litem program approved by the Administrative Office of the Courts.

(b) Advisory Committee Established. - The Director of
the Administrative Office of the Courts shall appoint a Guardian ad Litem
Advisory Committee consisting of at least five members to advise the Office of
Guardian ad Litem Services in matters related to this program. The members of
the Advisory Committee shall receive the same per diem and reimbursement for
travel expenses as members of State boards and commissions generally. (1983, c. 761, s. 160; 1987 (Reg. Sess., 1988), c. 1037, s.
33; 1998-202, s. 6.)

§ 7B-1202. Conflict of interest or impracticality of
implementation.

If a conflict of interest prohibits a local program from
providing representation to an abused, neglected, or dependent juvenile, the
court may appoint any member of the district bar to represent the juvenile. If
the Administrative Office of the Courts determines that within a particular
district court district the implementation of a local program is impractical,
or that an alternative plan meets the conditions of G.S. 7B-1203, the
Administrative Office of the Courts shall waive the establishment of the program
within the district. (1983, c. 761, s. 160; 1987 (Reg.
Sess., 1988), c. 1037, s. 34; c. 1090, s. 8; 1998-202, s. 6.)

§ 7B-1203. Alternative plans.

A district court district shall be granted a waiver from the
implementation of a local program if the Administrative Office of the Courts
determines that the following conditions are met:

(1) An alternative plan has been developed to provide
adequate guardian ad litem services for every juvenile consistent with the
duties stated in G.S. 7B-601; and

(2) The proposed alternative plan will require no
greater proportion of State funds than the district court district's abuse and
neglect caseload represents to the State's abuse and neglect caseload.
Computation of abuse and neglect caseloads shall include such factors as the
juvenile population, number of substantiated abuse and neglect reports, number
of abuse and neglect petitions, number of abused and neglected juveniles in
care to be reviewed pursuant to G.S. 7B-906.1, nature of the district's
district court caseload, and number of petitions to terminate parental rights.

When an alternative plan is approved pursuant to this
section, the Administrative Office of the Courts shall retain authority to
monitor implementation of the said plan in order to assure compliance with the
requirements of this Article and G.S. 7B-601. In any district court district
where the Administrative Office of the Courts determines that implementation of
an alternative plan is not in compliance with the requirements of this section,
the Administrative Office of the Courts may implement and administer a program
authorized by this Article. (1983, c. 761, s. 160;
1987 (Reg. Sess., 1988), c. 1037, s. 35; 1998-202, s. 6; 2013-129, s. 38.)

§ 7B-1204. Civil liability of volunteers.

Any volunteer participating in a judicial proceeding pursuant
to the program authorized by this Article shall not be civilly liable for acts
or omissions committed in connection with the proceeding if the volunteer acted
in good faith and was not guilty of gross negligence. (1983,
c. 761, s. 160; 1998-202, s. 6.)

Article 13.

Prevention of Abuse and Neglect.

§ 7B-1300. Purpose.

It is the expressed intent of this Article to make the
prevention of abuse and neglect, as defined in G.S. 7B-101, a priority of this
State and to establish the Children's Trust Fund as a means to that end. (1983, c. 894, s. 1; 1998-202, s. 6.)

§ 7B-1301. Program on Prevention of Abuse and Neglect.

(a) The Department of Health and Human Services,
through the Division of Social Services, shall implement the Program on
Prevention of Abuse and Neglect. The Division of Social Services shall provide
the staff and support services for implementing this program.

(2) The Division of Social Services shall review
applications and contract with public or private nonprofit organizations,
agencies, schools, or with qualified individuals to operate community-based
educational and service programs designed to prevent the occurrence of abuse
and neglect. Every contract entered into by the Division of Social Services
shall contain provisions that at least twenty-five percent (25%) of the total
funding required for a program be provided by the administering organization in
the form of in-kind or other services and that a mechanism for evaluation of
services provided under the contract be included in the services to be
performed. In addition, every proposal to the Division of Social Services for
funding under this Article shall include assurances that the proposal has been
forwarded to the local department of social services for comment so that the
Division of Social Services may consider coordination and duplication of effort
on the local level.

(3) The Division of Social Services shall develop
appropriate guidelines and criteria for awarding contracts under this Article.
These criteria shall include, but are not limited to: documentation of need
within the proposed geographical impact area; diversity of geographical areas
of programs funded under this Article; demonstrated effectiveness of the
proposed strategy or program for preventing abuse and neglect; reasonableness
of implementation plan for achieving stated objectives; utilization of
community resources including volunteers; provision for an evaluation component
that will provide outcome data; plan for dissemination of the program for
implementation in other communities; and potential for future funding from
private sources.

(4) The Division of Social Services shall develop
guidelines for regular monitoring of contracts awarded under this Article in
order to maximize the investments in prevention programs by the Children's
Trust Fund and to establish appropriate accountability measures for
administration of contracts.

(5) The Division of Social Services shall develop a
State plan for the prevention of abuse and neglect for submission to the
Governor, the President of the Senate, and the Speaker of the House of
Representatives.

(c) To assist in implementing this Article, the
Division of Social Services may accept contributions, grants, or gifts in cash
or otherwise from persons, associations, or corporations. All monies received
by the Division of Social Services from contributions, grants, or gifts and not
through appropriation by the General Assembly shall be deposited in the
Children's Trust Fund. Disbursements of the funds shall be on the authorization
of the Department of Health and Human Services. In order to maintain an
effective expenditure and revenue control, the funds are subject in all
respects to State law and regulations, but no appropriation is required to
permit expenditure of the funds.

(d) Programs contracted for under this Article are intended
to prevent abuse and neglect of juveniles. Abuse and neglect prevention
programs are defined to be those programs and services which impact on
juveniles and families before any substantiated incident of abuse or neglect
has occurred. These programs may include, but are not limited to:

(1) Community-based educational programs on prenatal
care, perinatal bonding, child development, basic child care, care of children
with special needs, and coping with family stress; and

(2) Community-based programs relating to crisis care,
aid to parents, and support groups for parents and their children experiencing
stress within the family unit.

(a) There is established a fund to be known as the
"Children's Trust Fund," in the Department of Health and Human
Services, Division of Social Services, which shall be funded by a portion of
the marriage license fee under G.S. 161-11.1 and a portion of the special
license plate fee under G.S. 20-81.12. The money in the Fund shall be used by
the Division of Social Services to fund abuse and neglect prevention programs
so authorized by this Article.

The General Assembly finds that it is the public policy of
this State to prevent the abuse, neglect, and death of juveniles. The General
Assembly further finds that the prevention of the abuse, neglect, and death of
juveniles is a community responsibility; that professionals from disparate
disciplines have responsibilities for children or juveniles and have expertise
that can promote their safety and well-being; and that multidisciplinary
reviews of the abuse, neglect, and death of juveniles can lead to a greater
understanding of the causes and methods of preventing these deaths. It is,
therefore, the intent of the General Assembly, through this Article, to
establish a statewide multidisciplinary, multiagency child fatality prevention
system consisting of the State Team established in G.S. 7B-1404 and the Local
Teams established in G.S. 7B-1406. The purpose of the system is to assess the
records of selected cases in which children are being served by child
protective services and the records of all deaths of children in North Carolina
from birth to age 18 in order to (i) develop a communitywide approach to the
problem of child abuse and neglect, (ii) understand the causes of childhood
deaths, (iii) identify any gaps or deficiencies that may exist in the delivery
of services to children and their families by public agencies that are designed
to prevent future child abuse, neglect, or death, and (iv) make and implement
recommendations for changes to laws, rules, and policies that will support the
safe and healthy development of our children and prevent future child abuse,
neglect, and death. (1991, c. 689, s. 233(a); 1993, c.
321, s. 285(a); 1998-202, s. 6.)

§ 7B-1401. Definitions.

The following definitions apply in this Article:

(1) Additional Child Fatality. - Any death of a child
that did not result from suspected abuse or neglect and about which no report
of abuse or neglect had been made to the county department of social services
within the previous 12 months.

(2) Local Team. - A Community Child Protection Team or
a Child Fatality Prevention Team.

(a) There is created the North Carolina Child Fatality
Task Force within the Department of Health and Human Services for budgetary
purposes only.

(b) The Task Force shall be composed of 35 members, 11
of whom shall be ex officio members, four of whom shall be appointed by the
Governor, 10 of whom shall be appointed by the Speaker of the House of
Representatives, and 10 of whom shall be appointed by the President Pro Tempore
of the Senate. The ex officio members other than the Chief Medical Examiner
shall be nonvoting members and may designate representatives from their
particular departments, divisions, or offices to represent them on the Task
Force. The members shall be as follows:

(1) The Chief Medical Examiner;

(2) The Attorney General;

(3) The Director of the Division of Social Services;

(4) The Director of the State Bureau of Investigation;

(5) The Director of the Division of Maternal and Child
Health of the Department of Health and Human Services;

(6) The Director of the Governor's Youth Advocacy and
Involvement Office;

(7) The Superintendent of Public Instruction;

(8) The Chairman of the State Board of Education;

(9) The Director of the Division of Mental Health,
Developmental Disabilities, and Substance Abuse Services;

(10) The Secretary of the Department of Health and Human
Services;

(11) The Director of the Administrative Office of the
Courts;

(12) A director of a county department of social
services, appointed by the Governor upon recommendation of the President of the
North Carolina Association of County Directors of Social Services;

(13) A representative from a Sudden Infant Death Syndrome
counseling and education program, appointed by the Governor upon recommendation
of the Director of the Division of Maternal and Child Health of the Department
of Health and Human Services;

(14) A representative from the North Carolina Child
Advocacy Institute, appointed by the Governor upon recommendation of the
President of the Institute;

(15) A director of a local department of health,
appointed by the Governor upon the recommendation of the President of the North
Carolina Association of Local Health Directors;

(16) A representative from a private group, other than
the North Carolina Child Advocacy Institute, that advocates for children,
appointed by the Speaker of the House of Representatives upon recommendation of
private child advocacy organizations;

(17) A pediatrician, licensed to practice medicine in
North Carolina, appointed by the Speaker of the House of Representatives upon
recommendation of the North Carolina Pediatric Society;

(18) A representative from the North Carolina League of
Municipalities, appointed by the Speaker of the House of Representatives upon
recommendation of the League;

(18a) A representative from the North Carolina Domestic
Violence Commission, appointed by the Speaker of the House of Representatives
upon recommendation of the Director of the Commission;

(19) One public member, appointed by the Speaker of the
House of Representatives;

(20) A county or municipal law enforcement officer,
appointed by the President Pro Tempore of the Senate upon recommendation of
organizations that represent local law enforcement officers;

(21) A district attorney, appointed by the President Pro
Tempore of the Senate upon recommendation of the President of the North
Carolina Conference of District Attorneys;

(22) A representative from the North Carolina Association
of County Commissioners, appointed by the President Pro Tempore of the Senate
upon recommendation of the Association;

(22a) A representative from the North Carolina Coalition
Against Domestic Violence, appointed by the President Pro Tempore of the Senate
upon recommendation of the Executive Director of the Coalition;

(23) One public member, appointed by the President Pro
Tempore of the Senate; and

(24) Five members of the Senate, appointed by the
President Pro Tempore of the Senate, and five members of the House of
Representatives, appointed by the Speaker of the House of Representatives.

(c) All members of the Task Force are voting members.
Vacancies in the appointed membership shall be filled by the appointing officer
who made the initial appointment. Terms shall be two years. The members shall
elect a chair who shall preside for the duration of the chair's term as member.
In the event a vacancy occurs in the chair before the expiration of the chair's
term, the members shall elect an acting chair to serve for the remainder of the
unexpired term. (1991, c. 689, s. 233(a); 1991 (Reg.
Sess., 1992), c. 900, s. 169(b); 1993, c. 321, s. 285(a); 1993 (Reg. Sess.,
1994), c. 769, s. 27.8(d); 1996, 2nd Ex. Sess., c. 17, s. 3.2; 1997-443, s.
11A.98; 1997-456, s. 27; 1998-202, s. 6; 1998-212, s. 12.44(a), (b); 2004-186,
s. 5.1.)

§ 7B-1403. Task Force - duties.

The Task Force shall:

(1) Undertake a statistical study of the incidences and
causes of child deaths in this State and establish a profile of child deaths.
The study shall include (i) an analysis of all community and private and public
agency involvement with the decedents and their families prior to death, and
(ii) an analysis of child deaths by age, cause, and geographic distribution;

(2) Develop a system for multidisciplinary review of
child deaths. In developing such a system, the Task Force shall study the
operation of existing Local Teams. The Task Force shall also consider the
feasibility and desirability of local or regional review teams and, should it
determine such teams to be feasible and desirable, develop guidelines for the
operation of the teams. The Task Force shall also examine the laws, rules, and
policies relating to confidentiality of and access to information that affect
those agencies with responsibilities for children, including State and local
health, mental health, social services, education, and law enforcement
agencies, to determine whether those laws, rules, and policies inappropriately
impede the exchange of information necessary to protect children from
preventable deaths, and, if so, recommend changes to them;

(a) There is created the North Carolina Child Fatality
Prevention Team within the Department of Health and Human Services for
budgetary purposes only.

(b) The State Team shall be composed of the following
11 members of whom nine members are ex officio and two are appointed:

(1) The Chief Medical Examiner, who shall chair the
State Team;

(2) The Attorney General;

(3) The Director of the Division of Social Services,
Department of Health and Human Services;

(4) The Director of the State Bureau of Investigation;

(5) The Director of the Division of Maternal and Child
Health of the Department of Health and Human Services;

(6) The Superintendent of Public Instruction;

(7) The Director of the Division of Mental Health,
Developmental Disabilities, and Substance Abuse Services, Department of Health
and Human Services;

(8) The Director of the Administrative Office of the
Courts;

(9) The pediatrician appointed pursuant to G.S. 7B-1402(b)
to the Task Force;

(10) A public member, appointed by the Governor; and

(11) The Team Coordinator.

The ex officio members other than the Chief Medical Examiner
may designate a representative from their departments, divisions, or offices to
represent them on the State Team.

(c) All members of the State Team are voting members.
Vacancies in the appointed membership shall be filled by the appointing officer
who made the initial appointment. (1991, c. 689, s.
233(a); 1993, c. 321, s. 285(a); 1997-443, s. 11A.99; 1997-456, s. 27; 1998-202,
s. 6.)

§ 7B-1405. State Team - duties.

The State Team shall:

(1) Review current deaths of children when those deaths
are attributed to child abuse or neglect or when the decedent was reported as
an abused or neglected juvenile pursuant to G.S. 7B-301 at any time before
death;

(2) Report to the Task Force during the existence of
the Task Force, in the format and at the time required by the Task Force, on
the State Team's activities and its recommendations for changes to any law,
rule, and policy that would promote the safety and well-being of children;

(3) Upon request of a Local Team, provide technical
assistance to the Team;

(4) Periodically assess the operations of the
multidisciplinary child fatality prevention system and make recommendations for
changes as needed;

(5) Work with the Team Coordinator to develop
guidelines for selecting child deaths to receive detailed, multidisciplinary
death reviews by Local Teams that review cases of additional child fatalities;
and

(a) Community Child Protection Teams are established
in every county of the State. Each Community Child Protection Team shall:

(1) Review, in accordance with the procedures
established by the director of the county department of social services under
G.S. 7B-1409:

a. Selected active cases in which children are being
served by child protective services; and

b. Cases in which a child died as a result of suspected
abuse or neglect, and

1. A report of abuse or neglect has been made about
the child or the child's family to the county department of social services
within the previous 12 months, or

2. The child or the child's family was a recipient of
child protective services within the previous 12 months.

(2) Submit annually to the board of county
commissioners recommendations, if any, and advocate for system improvements and
needed resources where gaps and deficiencies may exist.

In addition, each Community Child Protection Team may review the
records of all additional child fatalities and report findings in connection
with these reviews to the Team Coordinator.

(b) Any Community Child Protection Team that
determines it will not review additional child fatalities shall notify the Team
Coordinator. In accordance with the plan established under G.S. 7B-1408(1), a
separate Child Fatality Prevention Team shall be established in that county to
conduct these reviews. Each Child Fatality Prevention Team shall:

(1) Review the records of all cases of additional child
fatalities.

(2) Submit annually to the board of county
commissioners recommendations, if any, and advocate for system improvements and
needed resources where gaps and deficiencies may exist.

(3) Report findings in connection with these reviews to
the Team Coordinator.

(c) All reports to the Team Coordinator under this
section shall include:

(1) A listing of the system problems identified through
the review process and recommendations for preventive actions;

(2) Any changes that resulted from the recommendations
made by the Local Team;

(a) Each Local Team shall consist of representatives
of public and nonpublic agencies in the community that provide services to
children and their families and other individuals who represent the community.
No single team shall encompass a geographic or governmental area larger than
one county.

(b) Each Local Team shall consist of the following
persons:

(1) The director of the county department of social
services and a member of the director's staff;

(2) A local law enforcement officer, appointed by the
board of county commissioners;

(3) An attorney from the district attorney's office,
appointed by the district attorney;

(4) The executive director of the local community
action agency, as defined by the Department of Health and Human Services, or
the executive director's designee;

(5) The superintendent of each local school
administrative unit located in the county, or the superintendent's designee;

(6) A member of the county board of social services,
appointed by the chair of that board;

(7) A local mental health professional, appointed by
the director of the area authority established under Chapter 122C of the
General Statutes;

(8) The local guardian ad litem coordinator, or the
coordinator's designee;

(9) The director of the local department of public
health; and

(10) A local health care provider, appointed by the local
board of health.

(c) In addition, a Local Team that reviews the records
of additional child fatalities shall include the following five additional
members:

(1) An emergency medical services provider or
firefighter, appointed by the board of county commissioners;

(2) A district court judge, appointed by the chief
district court judge in that district;

(3) A county medical examiner, appointed by the Chief
Medical Examiner;

(4) A representative of a local child care facility or
Head Start program, appointed by the director of the county department of
social services; and

(5) A parent of a child who died before reaching the
child's eighteenth birthday, to be appointed by the board of county
commissioners.

(d) The Team Coordinator shall serve as an ex officio
member of each Local Team that reviews the records of additional child
fatalities. The board of county commissioners may appoint a maximum of five
additional members to represent county agencies or the community at large to
serve on any Local Team. Vacancies on a Local Team shall be filled by the
original appointing authority.

(e) Each Local Team shall elect a member to serve as
chair at the Team's pleasure.

(f) Each Local Team shall meet at least four times
each year.

(g) The director of the local department of social
services shall call the first meeting of the Community Child Protection Team.
The director of the local department of health, upon consultation with the Team
Coordinator, shall call the first meeting of the Child Fatality Prevention
Team. Thereafter, the chair of each Local Team shall schedule the time and
place of meetings, in consultation with these directors, and shall prepare the
agenda. The chair shall schedule Team meetings no less often than once per
quarter and often enough to allow adequate review of the cases selected for
review. Within three months of election, the chair shall participate in the
appropriate training developed under this Article. (1993,
c. 321, s. 285(a); 1997-443, s. 11A.100; 1997-456, s. 27; 1997-506, s. 52; 1998-202,
s. 6.)

§ 7B-1408. Child Fatality Prevention Team Coordinator;
duties.

The Child Fatality Prevention Team Coordinator shall serve as
liaison between the State Team and the Local Teams that review records of
additional child fatalities and shall provide technical assistance to these
Local Teams. The Team Coordinator shall:

(1) Develop a plan to establish Local Teams that review
the records of additional child fatalities in each county.

(2) Develop model operating procedures for these Local
Teams that address when public meetings should be held, what items should be
addressed in public meetings, what information may be released in written
reports, and any other information the Team Coordinator considers necessary.

(3) Provide structured training for these Local Teams
at the time of their establishment, and continuing technical assistance
thereafter.

(4) Provide statistical information on all child deaths
occurring in each county to the appropriate Local Team, and assure that all
child deaths in a county are assessed through the multidisciplinary system.

(5) Monitor the work of these Local Teams.

(6) Receive reports of findings, and other reports that
the Team Coordinator may require, from these Local Teams.

(7) Report the aggregated findings of these Local Teams
to each Local Team that reviews the records of additional child fatalities and
to the State Team.

§ 7B-1409. Community Child Protection Teams; duties of the
director of the county department of social services.

In addition to any other duties as a member of the Community
Child Protection Team, and in connection with the reviews under G.S. 7B-1406(a)(1),
the director of the county department of social services shall:

(1) Assure the development of written operating
procedures in connection with these reviews, including frequency of meetings,
confidentiality policies, training of members, and duties and responsibilities
of members;

(2) Assure that the Team defines the categories of
cases that are subject to its review;

(3) Determine and initiate the cases for review;

(4) Bring for review any case requested by a Team
member;

(5) Provide staff support for these reviews;

(6) Maintain records, including minutes of all official
meetings, lists of participants for each meeting of the Team, and signed
confidentiality statements required under G.S. 7B-1413, in compliance with
applicable rules and law; and

(7) Report quarterly to the county board of social
services, or as required by the board, on the activities of the Team. (1993, c. 321, s. 285(a); 1998-202, s. 6.)

§ 7B-1410. Local Teams; duties of the director of the local
department of health.

In addition to any other duties as a member of the Local Team
and in connection with reviews of additional child fatalities, the director of
the local department of health shall:

(1) Distribute copies of the written procedures
developed by the Team Coordinator under G.S. 7B-1408 to the administrators of
all agencies represented on the Local Team and to all members of the Local
Team;

(2) Maintain records, including minutes of all official
meetings, lists of participants for each meeting of the Local Team, and signed
confidentiality statements required under G.S. 7B-1413, in compliance with
applicable rules and law;

(3) Provide staff support for these reviews; and

(4) Report quarterly to the local board of health, or
as required by the board, on the activities of the Local Team. (1993, c. 321, s. 285(a); 1998-202, s. 6.)

§ 7B-1411. Community Child Protection Teams; responsibility
for training of team members.

The Division of Social Services, Department of Health and
Human Services, shall develop and make available, on an ongoing basis, for the
members of Local Teams that review active cases in which children are being
served by child protective services, training materials that address the role
and function of the Local Team, confidentiality requirements, an overview of
child protective services law and policy, and Team record keeping. (1993, c. 321, s. 285(a); 1997-443, s. 11A.118(a); 1998-202,
s. 6.)

§ 7B-1412. Task Force - reports.

The Task Force shall report annually to the Governor and
General Assembly, within the first week of the convening or reconvening of the
General Assembly. The report shall contain at least a summary of the
conclusions and recommendations for each of the Task Force's duties, as well as
any other recommendations for changes to any law, rule, or policy that it has
determined will promote the safety and well-being of children. Any
recommendations of changes to law, rule, or policy shall be accompanied by
specific legislative or policy proposals and detailed fiscal notes setting
forth the costs to the State. (1991, c. 689, s.
233(a); 1991 (Reg. Sess., 1992), c. 900, s. 169(a); 1993 (Reg. Sess., 1994), c.
769, s. 27.8(a); 1996, 2nd Ex. Sess., c. 17, ss. 3.1, 3.2; 1998-202, s. 6; 1998-212,
s. 12.44(a), (d).)

§ 7B-1413. Access to records.

(a) The State Team, the Local Teams, and the Task
Force during its existence, shall have access to all medical records, hospital
records, and records maintained by this State, any county, or any local agency
as necessary to carry out the purposes of this Article, including police
investigations data, medical examiner investigative data, health records,
mental health records, and social services records. The State Team, the Task
Force, and the Local Teams shall not, as part of the reviews authorized under
this Article, contact, question, or interview the child, the parent of the
child, or any other family member of the child whose record is being reviewed.
Any member of a Local Team may share, only in an official meeting of that Local
Team, any information available to that member that the Local Team needs to
carry out its duties.

(b) Meetings of the State Team and the Local Teams are
not subject to the provisions of Article 33C of Chapter 143 of the General
Statutes. However, the Local Teams may hold periodic public meetings to
discuss, in a general manner not revealing confidential information about
children and families, the findings of their reviews and their recommendations
for preventive actions. Minutes of all public meetings, excluding those of
executive sessions, shall be kept in compliance with Article 33C of Chapter 143
of the General Statutes. Any minutes or any other information generated during
any closed session shall be sealed from public inspection.

(c) All otherwise confidential information and records
acquired by the State Team, the Local Teams, and the Task Force during its
existence, in the exercise of their duties are confidential; are not subject to
discovery or introduction into evidence in any proceedings; and may only be
disclosed as necessary to carry out the purposes of the State Team, the Local
Teams, and the Task Force. In addition, all otherwise confidential information
and records created by a Local Team in the exercise of its duties are
confidential; are not subject to discovery or introduction into evidence in any
proceedings; and may only be disclosed as necessary to carry out the purposes
of the Local Team. No member of the State Team, a Local Team, nor any person
who attends a meeting of the State Team or a Local Team, may testify in any
proceeding about what transpired at the meeting, about information presented at
the meeting, or about opinions formed by the person as a result of the
meetings. This subsection shall not, however, prohibit a person from testifying
in a civil or criminal action about matters within that person's independent
knowledge.

(d) Each member of a Local Team and invited participant
shall sign a statement indicating an understanding of and adherence to
confidentiality requirements, including the possible civil or criminal
consequences of any breach of confidentiality.

(e) Cases receiving child protective services at the
time of review by a Local Team shall have an entry in the child's protective
services record to indicate that the case was received by that Team. Additional
entry into the record shall be at the discretion of the director of the county
department of social services.

(f) The Social Services Commission shall adopt rules
to implement this section in connection with reviews conducted by Community
Child Protection Teams. The Commission for Public Health shall adopt rules to
implement this section in connection with Local Teams that review additional
child fatalities. In particular, these rules shall allow information generated
by an executive session of a Local Team to be accessible for administrative or
research purposes only. (1991, c. 689, s. 233(a);
1993, c. 321, s. 285(a); 1998-202, s. 6; 2007-182, s. 1.3.)

§ 7B-1414. Administration; funding.

(a) To the extent of funds available, the chairs of
the Task Force and State Team may hire staff or consultants to assist the Task
Force and the State Team in completing their duties.

(b) Members, staff, and consultants of the Task Force
or State Team shall receive travel and subsistence expenses in accordance with
the provisions of G.S. 138-5 or G.S. 138-6, as the case may be, paid from funds
appropriated to implement this Article and within the limits of those funds.

(c) With the approval of the Legislative Services
Commission, legislative staff and space in the Legislative Building and the
Legislative Office Building may be made available to the Task Force. (1991, c. 689, s. 233(a); 1998-202, s. 6.)

SUBCHAPTER II. UNDISCIPLINED AND DELINQUENT JUVENILES.

Article 15.

Purposes; Definitions.

§ 7B-1500. Purpose.

This Subchapter shall be interpreted and construed so as to
implement the following purposes and policies:

(1) To protect the public from acts of delinquency.

(2) To deter delinquency and crime, including patterns
of repeat offending:

a. By providing swift, effective dispositions that
emphasize the juvenile offender's accountability for the juvenile's actions;
and

b. By providing appropriate rehabilitative services to
juveniles and their families.

(3) To provide an effective system of intake services
for the screening and evaluation of complaints and, in appropriate cases, where
court intervention is not necessary to ensure public safety, to refer juveniles
to community-based resources.

(4) To provide uniform procedures that assure fairness
and equity; that protect the constitutional rights of juveniles, parents, and
victims; and that encourage the court and others involved with juvenile
offenders to proceed with all possible speed in making and implementing
determinations required by this Subchapter. (1979, c.
815, s. 1; 1987 (Reg. Sess., 1988), c. 1090, s. 1; 1998-202, s. 6.)

§ 7B-1501. Definitions.

In this Subchapter, unless the context clearly requires
otherwise, the following words have the listed meanings. The singular includes
the plural, unless otherwise specified.

(1) Chief court counselor. - The person responsible for
administration and supervision of juvenile intake, probation, and post-release
supervision in each judicial district, operating under the supervision of the
Division of Juvenile Justice of the Department of Public Safety.

(3) Community-based program. - A program providing
nonresidential or residential treatment to a juvenile under the jurisdiction of
the juvenile court in the community where the juvenile's family lives. A community-based
program may include specialized foster care, family counseling, shelter care,
and other appropriate treatment.

(4) Court. - The district court division of the General
Court of Justice.

(6) Custodian. - The person or agency that has been
awarded legal custody of a juvenile by a court.

(7) Delinquent juvenile. - Any juvenile who, while less
than 16 years of age but at least 6 years of age, commits a crime or infraction
under State law or under an ordinance of local government, including violation
of the motor vehicle laws, or who commits indirect contempt by a juvenile as
defined in G.S. 5A-31.

(8) Detention. - The secure confinement of a juvenile
under a court order.

(9) Detention facility. - A facility approved to
provide secure confinement and care for juveniles. Detention facilities include
both State and locally administered detention homes, centers, and facilities.

(10) District. - Any district court district as established
by G.S. 7A-133.

(10a) Division. - The Division of Juvenile Justice of the
Department of Public Safety created under Article 12 of Chapter 143B of the
General Statutes.

(11) Holdover facility. - A place in a jail which has
been approved by the Department of Health and Human Services as meeting the
State standards for detention as required in G.S. 153A-221 providing close
supervision where the juvenile cannot converse with, see, or be seen by the
adult population.

(12) House arrest. - A requirement that the juvenile
remain at the juvenile's residence unless the court or the juvenile court
counselor authorizes the juvenile to leave for school, counseling, work, or
other similar specific purposes, provided the juvenile is accompanied in
transit by a parent, legal guardian, or other person approved by the juvenile
court counselor.

(13) Intake. - The process of screening and evaluating a
complaint alleging that a juvenile is delinquent or undisciplined to determine
whether the complaint should be filed as a petition.

(14) Interstate Compact on Juveniles. - An agreement
ratified by 50 states and the District of Columbia providing a formal means of
returning a juvenile, who is an absconder, escapee, or runaway, to the
juvenile's home state, and codified in Article 28 of this Chapter.

(15) Judge. - Any district court judge.

(16) Judicial district. - Any district court district as
established by G.S. 7A-133.

(17) Juvenile. - Except as provided in subdivisions (7)
and (27) of this section, any person who has not reached the person's
eighteenth birthday and is not married, emancipated, or a member of the Armed
Forces of the United States. Wherever the term "juvenile" is used
with reference to rights and privileges, that term encompasses the attorney for
the juvenile as well.

(18) Juvenile court. - Any district court exercising
jurisdiction under this Chapter.

(18a) Juvenile court counselor. - A person responsible for
intake services and court supervision services to juveniles under the
supervision of the chief court counselor.

(20) Petitioner. - The individual who initiates court
action by the filing of a petition or a motion for review alleging the matter
for adjudication.

(21) Post-release supervision. - The supervision of a
juvenile who has been returned to the community after having been committed to
the Division for placement in a youth development center.

(22) Probation. - The status of a juvenile who has been
adjudicated delinquent, is subject to specified conditions under the
supervision of a juvenile court counselor, and may be returned to the court for
violation of those conditions during the period of probation.

(23) Prosecutor. - The district attorney or an assistant
district attorney.

(24) Protective supervision. - The status of a juvenile
who has been adjudicated undisciplined and is under the supervision of a
juvenile court counselor.

(25) Teen court program. - A community resource for the
diversion of cases in which a juvenile has allegedly committed certain offenses
for hearing by a jury of the juvenile's peers, which may assign the juvenile to
counseling, restitution, curfews, community service, or other rehabilitative
measures.

(26) Repealed by Session Laws 2001-95, s. 1, effective May
18, 2001.

(27) Undisciplined juvenile. -

a. A juvenile who, while less than 16 years of age but
at least 6 years of age, is unlawfully absent from school; or is regularly
disobedient to and beyond the disciplinary control of the juvenile's parent,
guardian, or custodian; or is regularly found in places where it is unlawful
for a juvenile to be; or has run away from home for a period of more than 24
hours; or

b. A juvenile who is 16 or 17 years of age and who is
regularly disobedient to and beyond the disciplinary control of the juvenile's
parent, guardian, or custodian; or is regularly found in places where it is
unlawful for a juvenile to be; or has run away from home for a period of more
than 24 hours.

(28) Wilderness program. - A rehabilitative residential
treatment program in a rural or outdoor setting.

(a) The court has exclusive, original jurisdiction
over any case involving a juvenile who is alleged to be undisciplined. For
purposes of determining jurisdiction, the age of the juvenile at the time of
the alleged offense governs.

(b) When the court obtains jurisdiction over a
juvenile under this section, jurisdiction shall continue until terminated by
order of the court, the juvenile reaches the age of 18 years, or the juvenile
is emancipated.

(a) The court has exclusive, original jurisdiction
over any case involving a juvenile who is alleged to be delinquent. For
purposes of determining jurisdiction, the age of the juvenile at the time of
the alleged offense governs.

(b) When the court obtains jurisdiction over a
juvenile alleged to be delinquent, jurisdiction shall continue until terminated
by order of the court or until the juvenile reaches the age of 18 years, except
as provided otherwise in this Article.

(c) When delinquency proceedings cannot be concluded
before the juvenile reaches the age of 18 years, the court retains jurisdiction
for the sole purpose of conducting proceedings pursuant to Article 22 of this
Chapter and either transferring the case to superior court for trial as an
adult or dismissing the petition.

(d) When the court has not obtained jurisdiction over a
juvenile before the juvenile reaches the age of 18, for a felony and any
related misdemeanors the juvenile allegedly committed on or after the
juvenile's thirteenth birthday and prior to the juvenile's sixteenth birthday,
the court has jurisdiction for the sole purpose of conducting proceedings
pursuant to Article 22 of this Chapter and either transferring the case to superior
court for trial as an adult or dismissing the petition.

(e) The court has jurisdiction over delinquent
juveniles in the custody of the Division and over proceedings to determine
whether a juvenile who is under the post-release supervision of the juvenile
court counselor has violated the terms of the juvenile's post-release
supervision.

(f) The court has jurisdiction over persons 18 years
of age or older who are under the extended jurisdiction of the juvenile court.

(a) When a juvenile is committed to the Division for
placement in a youth development center for an offense that would be first
degree murder pursuant to G.S. 14-17, first-degree rape pursuant to G.S. 14-27.2,
or first-degree sexual offense pursuant to G.S. 14-27.4 if committed by an
adult, jurisdiction shall continue until terminated by order of the court or
until the juvenile reaches the age of 21 years, whichever occurs first.

(b) When a juvenile is committed to the Division for
placement in a youth development center for an offense that would be a Class
B1, B2, C, D, or E felony if committed by an adult, other than an offense set
forth in subsection (a) of this section, jurisdiction shall continue until
terminated by order of the court or until the juvenile reaches the age of 19
years, whichever occurs first. (1979, c. 815, s. 1;
1981, c. 469, s. 4; 1996, 2nd Ex. Sess., c. 18, s. 23.2(d); 1998-202, s. 6;
2000-137, s. 3; 2001-95, s. 5; 2011-145, s. 19.1(l).)

§ 7B-1603. Jurisdiction in certain circumstances.

The court has exclusive original jurisdiction of all of the
following proceedings:

(1) Proceedings under the Interstate Compact on the
Placement of Children set forth in Article 38 of this Chapter.

(2) Proceedings involving judicial consent for
emergency surgical or medical treatment for a juvenile when the juvenile's
parent, guardian, custodian, or person who has assumed the status and
obligation of a parent without being awarded legal custody of the juvenile by a
court refuses to consent for treatment to be rendered.

(3) Proceedings to determine whether a juvenile should
be emancipated.

(a) Any juvenile, including a juvenile who is under
the jurisdiction of the court, who commits a criminal offense on or after the
juvenile's sixteenth birthday is subject to prosecution as an adult. A juvenile
who is emancipated shall be prosecuted as an adult for the commission of a
criminal offense.

The chief court counselor, under the direction of the
Division, shall establish intake services in each judicial district of the
State for all delinquency and undisciplined cases.

The purpose of intake services shall be to determine from
available evidence whether there are reasonable grounds to believe the facts
alleged are true, to determine whether the facts alleged constitute a
delinquent or undisciplined offense within the jurisdiction of the court, to
determine whether the facts alleged are sufficiently serious to warrant court
action, and to obtain assistance from community resources when court referral
is not necessary. The juvenile court counselor shall not engage in field
investigations to substantiate complaints or to produce supplementary evidence
but may refer complainants to law enforcement agencies for those purposes. (1979, c. 815, s. 1; 1998-202, s. 6; 2000-137, s. 3; 2001-490,
s. 2.3; 2011-145, s. 19.1(l).)

§ 7B-1700.1. Duty to report abuse, neglect, dependency.

Any time a juvenile court counselor or any person has cause
to suspect that a juvenile is abused, neglected, or dependent, or has died as
the result of maltreatment, the juvenile court counselor or the person shall
make a report to the county department of social services as required by G.S.
7B-301. (2009-311, s. 14.)

§ 7B-1701. Preliminary inquiry.

When a complaint is received, the juvenile court counselor
shall make a preliminary determination as to whether the juvenile is within the
jurisdiction of the court as a delinquent or undisciplined juvenile. If the
juvenile court counselor finds that the facts contained in the complaint do not
state a case within the jurisdiction of the court, that legal sufficiency has
not been established, or that the matters alleged are frivolous, the juvenile
court counselor, without further inquiry, shall refuse authorization to file
the complaint as a petition.

When requested by the juvenile court counselor, the
prosecutor shall assist in determining the sufficiency of evidence as it
affects the quantum of proof and the elements of offenses.

The juvenile court counselor, without further inquiry, shall
authorize the complaint to be filed as a petition if the juvenile court
counselor finds reasonable grounds to believe that the juvenile has committed
one of the following nondivertible offenses:

(1) Murder;

(2) First-degree rape or second degree rape;

(3) First-degree sexual offense or second degree sexual
offense;

(4) Arson;

(5) Any violation of Article 5, Chapter 90 of the
General Statutes that would constitute a felony if committed by an adult;

(6) First degree burglary;

(7) Crime against nature; or

(8) Any felony which involves the willful infliction of
serious bodily injury upon another or which was committed by use of a deadly
weapon. (1979, c. 815, s. 1; 1983, c. 251, s. 1; 1998-202,
s. 6; 2001-490, s. 2.4.)

§ 7B-1702. Evaluation.

Upon a finding of legal sufficiency, except in cases
involving nondivertible offenses set out in G.S. 7B-1701, the juvenile court
counselor shall determine whether a complaint should be filed as a petition,
the juvenile diverted pursuant to G.S. 7B-1706, or the case resolved without
further action. In making the decision, the counselor shall consider criteria
provided by the Department. The intake process shall include the following
steps if practicable:

(1) Interviews with the complainant and the victim if
someone other than the complainant;

(2) Interviews with the juvenile and the juvenile's
parent, guardian, or custodian;

(3) Interviews with persons known to have relevant
information about the juvenile or the juvenile's family.

(a) The juvenile court counselor shall complete
evaluation of a complaint within 15 days of receipt of the complaint, with an
extension for a maximum of 15 additional days at the discretion of the chief
court counselor. The juvenile court counselor shall decide within this time
period whether a complaint shall be filed as a juvenile petition.

(b) Except as provided in G.S. 7B-1706, if the
juvenile court counselor determines that a complaint should be filed as a
petition, the counselor shall file the petition as soon as practicable, but in
any event within 15 days after the complaint is received, with an extension for
a maximum of 15 additional days at the discretion of the chief court counselor.
The juvenile court counselor shall assist the complainant when necessary with
the preparation and filing of the petition, shall include on it the date and
the words "Approved for Filing", shall sign it, and shall transmit it
to the clerk of superior court.

(c) If the juvenile court counselor determines that a
petition should not be filed, the juvenile court counselor shall notify the
complainant immediately in writing with reasons for the decision and shall
include notice of the complainant's right to have the decision reviewed by the
prosecutor. The juvenile court counselor shall sign the complaint after
indicating on it:

(1) The date of the determination;

(2) The words "Not Approved for Filing"; and

(3) Whether the matter is "Closed" or
"Diverted and Retained".

Except as provided in G.S. 7B-1706, any complaint not
approved for filing as a juvenile petition shall be destroyed by the juvenile
court counselor after holding the complaint for a temporary period to allow
review as provided in G.S. 7B-1705. (1979, c. 815, s.
1; 1998-202, s. 6; 2001-490, s. 2.6.)

§ 7B-1704. Request for review by prosecutor.

The complainant has five calendar days, from receipt of the
juvenile court counselor's decision not to approve the filing of a petition, to
request review by the prosecutor. The juvenile court counselor shall notify the
prosecutor immediately of such request and shall transmit to the prosecutor a
copy of the complaint. The prosecutor shall notify the complainant and the
juvenile court counselor of the time and place for the review. (1979, c. 815, s. 1; 1998-202, s. 6; 2001-490, s. 2.7.)

§ 7B-1705. Review of determination that petition should not
be filed.

No later than 20 days after the complainant is notified, the
prosecutor shall review the juvenile court counselor's determination that a
juvenile petition should not be filed. Review shall include conferences with
the complainant and the juvenile court counselor. At the conclusion of the
review, the prosecutor shall: (i) affirm the decision of the juvenile court
counselor or direct the filing of a petition and (ii) notify the complainant of
the prosecutor's action. (1979, c. 815, s. 1; 1981, c.
469, s. 6; 1998-202, s. 6; 2001-490, s. 2.8.)

§ 7B-1706. Diversion plans and referral.

(a) Unless the offense is one in which a petition is
required by G.S. 7B-1701, upon a finding of legal sufficiency the juvenile
court counselor may divert the juvenile pursuant to a diversion plan, which may
include referring the juvenile to any of the following resources:

(1) An appropriate public or private resource;

(2) Restitution;

(3) Community service;

(4) Victim-offender mediation;

(5) Regimented physical training;

(6) Counseling;

(7) A teen court program, as set forth in subsection
(c) of this section.

As part of a diversion plan, the juvenile court counselor may
enter into a diversion contract with the juvenile and the juvenile's parent,
guardian, or custodian.

(b) Unless the offense is one in which a petition is
required by G.S. 7B-1701, upon a finding of legal sufficiency the juvenile
court counselor may enter into a diversion contract with the juvenile and the
parent, guardian, or custodian; provided, a diversion contract requires the
consent of the juvenile and the juvenile's parent, guardian, or custodian. A
diversion contract shall:

(1) State conditions by which the juvenile agrees to
abide and any actions the juvenile agrees to take;

(2) State conditions by which the parent, guardian, or
custodian agrees to abide and any actions the parent, guardian, or custodian
agrees to take;

(3) Describe the role of the juvenile court counselor
in relation to the juvenile and the parent, guardian, or custodian;

(4) Specify the length of the contract, which shall not
exceed six months;

(5) Indicate that all parties understand and agree
that:

a. The juvenile's violation of the contract may result
in the filing of the complaint as a petition; and

b. The juvenile's successful completion of the
contract shall preclude the filing of a petition.

After a diversion contract is signed by the parties, the
juvenile court counselor shall provide copies of the contract to the juvenile
and the juvenile's parent, guardian, or custodian. The juvenile court counselor
shall notify any agency or other resource from which the juvenile or the
juvenile's parent, guardian, or custodian will be seeking services or treatment
pursuant to the terms of the contract. At any time during the term of the
contract if the juvenile court counselor determines that the juvenile has
failed to comply substantially with the terms of the contract, the juvenile
court counselor may file the complaint as a petition. Unless the juvenile court
counselor has filed the complaint as a petition, the juvenile court counselor
shall close the juvenile's file in regard to the diverted matter within six
months after the date of the contract.

(c) If a teen court program has been established in
the district, the juvenile court counselor, upon a finding of legal
sufficiency, may refer to a teen court program, any case in which a juvenile
has allegedly committed an offense that would be an infraction or misdemeanor
if committed by an adult. However, the juvenile court counselor shall not refer
a case to a teen court program (i) if the juvenile has been referred to a teen
court program previously, or (ii) if the juvenile is alleged to have committed
any of the following offenses:

(1) Driving while impaired under G.S. 20-138.1, 20-138.2,
20-138.3, 20-138.5, or 20-138.7, or any other motor vehicle violation;

(2) A Class A1 misdemeanor;

(3) An assault in which a weapon is used; or

(4) A controlled substance offense under Article 5 of
Chapter 90 of the General Statutes, other than simple possession of a Schedule
VI drug or alcohol.

(d) The juvenile court counselor shall maintain
diversion plans and contracts entered into pursuant to this section to allow
juvenile court counselors to determine when a juvenile has had a complaint
diverted previously. Diversion plans and contracts are not public records under
Chapter 132 of the General Statutes, shall not be included in the clerk's
record pursuant to G.S. 7B-3000, and shall be withheld from public inspection
or examination. Diversion plans and contracts shall be destroyed when the
juvenile reaches the age of 18 years or when the juvenile is no longer under
the jurisdiction of the court, whichever is longer.

(e) No later than 60 days after the juvenile court counselor
diverts a juvenile, the juvenile court counselor shall determine whether the
juvenile and the juvenile's parent, guardian, or custodian have complied with
the terms of the diversion plan or contract. In making this determination, the
juvenile court counselor shall contact any referral resources to determine
whether the juvenile and the juvenile's parent, guardian, or custodian complied
with any recommendations for treatment or services made by the resource. If the
juvenile and the juvenile's parent, guardian, or custodian have not complied,
the juvenile court counselor shall reconsider the decision to divert and may
authorize the filing of the complaint as a petition within 10 days after making
the determination. If the juvenile court counselor does not file a petition,
the juvenile court counselor may continue to monitor the case for up to six
months from the date of the diversion plan or contract. At any point during
that time period if the juvenile and the juvenile's parent, guardian, or
custodian fail to comply, the juvenile court counselor shall reconsider the
decision to divert and may authorize the filing of the complaint as a petition.
After six months, the juvenile court counselor shall close the diversion plan
or contract file. (1979, c. 815, s. 1; 1998-202, s. 6;
2001-490, s. 2.9.)

§ 7B-1707. Direct contempt by juvenile.

The preceding sections of this Article do not apply when a
juvenile is ordered pursuant to G.S. 5A-32(b) to appear and show cause why the
juvenile should not be held in contempt. (2007-168, s.
4.)

Article 18.

Venue; Petition; Summons.

§ 7B-1800. Venue.

(a) A proceeding in which a juvenile is alleged to be
delinquent or undisciplined shall be commenced and adjudicated in the district
in which the offense is alleged to have occurred. When a proceeding is
commenced in a district other than that of the juvenile's residence, the court
shall proceed to adjudication in that district and, if the juvenile is in
residential treatment or foster care in that district, the court shall conduct
the dispositional hearing in that district as well, unless the judge enters an
order, supported by findings of fact, that a transfer would serve the ends of
justice or is in the best interests of the juvenile.

(b) Except as provided in subsection (a) of this
section, after adjudication, the following procedures shall be available to the
court:

(1) The court may transfer the proceeding to the court
in the district where the juvenile resides for disposition.

(2) Where the proceeding is not transferred under
subdivision (1) of this section, the court shall immediately notify the chief
district court judge in the district in which the juvenile resides. If the
chief district court judge requests a transfer within five days after receipt
of notification, the court shall transfer the proceeding.

(3) Where the proceeding is not transferred under
subdivision (1) or (2) of this section, the court, upon motion of the juvenile,
shall transfer the proceeding to the court in the district where the juvenile
resides for disposition. The court shall advise the juvenile of the juvenile's
right to transfer under this section. (1979, c. 815,
s. 1; 1998-202, s. 6; 2004-155, s. 1.)

§ 7B-1801. Pleading and process.

The pleading in a juvenile action is the petition. The
process in a juvenile action is the summons. (1979, c.
815, s. 1; 1998-202, s. 6.)

§ 7B-1802. Petition.

The petition shall contain the name, date of birth, and
address of the juvenile and the name and last known address of the juvenile's
parent, guardian, or custodian. The petition shall allege the facts that invoke
jurisdiction over the juvenile. The petition shall not contain information on
more than one juvenile.

A petition in which delinquency is alleged shall contain a
plain and concise statement, without allegations of an evidentiary nature,
asserting facts supporting every element of a criminal offense and the
juvenile's commission thereof with sufficient precision clearly to apprise the
juvenile of the conduct which is the subject of the allegation.

Sufficient copies of the petition shall be prepared so that
copies will be available for the juvenile, for each parent if living separate
and apart, for the guardian or custodian if any, for the juvenile court
counselor, for the prosecutor, and for any person determined by the court to be
a necessary party. (1979, c. 815, s. 1; 1981, c. 469,
s. 9; 1998-202, s. 6; 2001-490, s. 2.10.)

§ 7B-1803. Receipt of complaints; filing of petition.

(a) All complaints concerning a juvenile alleged to be
delinquent or undisciplined shall be referred to the juvenile court counselor
for screening and evaluation. Thereafter, if the juvenile court counselor
determines that a petition should be filed, the petition shall be drawn by the
juvenile court counselor or the clerk, signed by the complainant, and verified
before an official authorized to administer oaths. If the circumstances
indicate a need for immediate attachment of jurisdiction and if the juvenile
court counselor is out of the county or otherwise unavailable to receive a
complaint and to draw a petition when it is needed, the clerk shall assist the
complainant in communicating the complaint to the juvenile court counselor by
telephone and, with the approval of the juvenile court counselor, shall draw a
petition and file it when signed and verified. A copy of the complaint and
petition shall be transmitted to the juvenile court counselor.

(b) If review is requested pursuant to G.S. 7B-1704,
the prosecutor shall review a complaint and any decision of the juvenile court
counselor not to authorize that the complaint be filed as a petition. If the
prosecutor, after review, authorizes a complaint to be filed as a petition, the
prosecutor shall prepare the complaint to be filed by the clerk as a petition,
recording the day of filing. (1979, c. 815, s. 1;
1981, c. 469, ss. 10, 11; 1998-202, s. 6; 2001-490, s. 2.11; 2012-172, s. 1.)

§ 7B-1804. Commencement of action.

(a) An action is commenced by the filing of a petition
in the clerk's office when that office is open, or by a magistrate's acceptance
of a petition for filing pursuant to subsection (b) of this section when the
clerk's office is closed.

(b) When the office of the clerk is closed and the
juvenile court counselor requests a petition alleging a juvenile to be
delinquent or undisciplined, a magistrate may draw and verify the petition and
accept it for filing, which acceptance shall constitute filing. The
magistrate's authority under this subsection is limited to emergency situations
when a petition is required in order to obtain a secure or nonsecure custody
order. Any petition accepted for filing under this subsection shall be
delivered to the clerk's office for processing as soon as that office is open
for business. (1979, c. 815, s. 1; 1987, c. 409, s. 3;
1998-202, s. 6; 2001-490, s. 2.12.)

§ 7B-1805. Issuance of summons.

(a) Immediately after a petition has been filed
alleging that a juvenile is undisciplined or delinquent, the clerk shall issue
a summons to the juvenile and to the parent, guardian, or custodian requiring
them to appear for a hearing at the time and place stated in the summons. A
copy of the petition shall be attached to each summons.

(b) A summons shall be on a printed form supplied by
the Administrative Office of the Courts and shall include:

(1) Notice of the nature of the proceeding and the
purpose of the hearing scheduled on the summons.

(2) Notice of any right to counsel and information
about how to seek the appointment of counsel prior to a hearing.

(3) Notice that, if the court determines at the
adjudicatory hearing that the allegations of the petition are true, the court
will conduct a dispositional hearing and will have jurisdiction to enter orders
affecting substantial rights of the juvenile and of the parent, guardian, or
custodian, including orders that:

a. Affect the juvenile's custody;

b. Impose conditions on the juvenile;

c. Require that the juvenile receive medical,
psychiatric, psychological, or other treatment and that the parent participate
in the treatment;

d. Require the parent to undergo psychiatric,
psychological, or other treatment or counseling;

e. Order the parent to pay for treatment that is
ordered for the juvenile or the parent; and

f. Order the parent to pay support for the juvenile
for any period the juvenile does not reside with the parent or to pay
attorneys' fees or other fees or expenses as ordered by the court.

(4) Notice that the parent, guardian, or custodian
shall be required to attend scheduled hearings and that failure without
reasonable cause to attend may result in proceedings for contempt of court.

(5) Notice that the parent, guardian, or custodian
shall be responsible for bringing the juvenile before the court at any hearing
the juvenile is required to attend and that failure without reasonable cause to
bring the juvenile before the court may result in proceedings for contempt of
court.

(c) The summons shall advise the parent, guardian, or
custodian that upon service, jurisdiction over the parent, guardian, or
custodian is obtained and that failure of the parent, guardian, or custodian to
appear or bring the juvenile before the court without reasonable cause or to
comply with any order of the court pursuant to Article 27 of this Chapter may
cause the court to issue a show cause order for contempt. The summons shall
contain the following language in bold type:

"TO THE PARENT(S), GUARDIAN(S),
OR CUSTODIAN(S): YOUR FAILURE TO APPEAR IN COURT FOR A SCHEDULED HEARING OR TO
COMPLY WITH AN ORDER OF THE COURT MAY RESULT IN A FINDING OF CRIMINAL CONTEMPT.
A PERSON HELD IN CRIMINAL CONTEMPT MAY BE SUBJECT TO IMPRISONMENT OF UP TO 30
DAYS, A FINE NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00) OR BOTH."

The summons and petition shall be personally served upon the
parent, the guardian, or custodian and the juvenile not less than five days
prior to the date of the scheduled hearing. The time for service may be waived
in the discretion of the court.

If the parent, guardian, or custodian entitled to receive a
summons cannot be found by a diligent effort, the court may authorize service
of the summons and petition by mail or by publication. The cost of the service
by publication shall be advanced by the petitioner and may be charged as court
costs as the court may direct.

The court may issue a show cause order for contempt against a
parent, guardian, or custodian who is personally served and fails without
reasonable cause to appear and to bring the juvenile before the court.

The provisions of G.S. 15A-301(a), (c), (d), and (e) relating
to criminal process apply to juvenile process; provided the period of time for
return of an unserved summons is 30 days. (1979, c.
815, s. 1; 1998-202, s. 6.)

§ 7B-1807. Notice to parent and juvenile of scheduled
hearings.

The clerk shall give to all parties, including both parents
of the juvenile, the juvenile's guardian or custodian, and any other person who
has assumed the status and obligation of a parent without being awarded legal
custody of the juvenile by a court, five days' written notice of the date and
time of all scheduled hearings unless the party is notified in open court or
the court orders otherwise. (1998-202, s. 6.)

§ 7B-1808. First appearance for felony cases.

(a) A juvenile who is alleged in the petition to have
committed an offense that would be a felony if committed by an adult shall be
summoned to appear before the court for a first appearance within 10 days of
the filing of the petition. If the juvenile is in secure or nonsecure custody,
the first appearance shall take place at the initial hearing required by G.S.
7B-1906. Unless the juvenile is in secure or nonsecure custody, the court may
continue the first appearance to a time certain for good cause.

(b) At the first appearance, the court shall:

(1) Inform the juvenile of the allegations set forth in
the petition;

(2) Determine whether the juvenile has retained counsel
or has been assigned counsel;

(3) If applicable, inform the juvenile of the date of
the probable cause hearing, which shall be within 15 days of the first
appearance; and

(4) Inform the parent, guardian, or custodian that the
parent, guardian, or custodian is required to attend all hearings scheduled in
the matter and may be held in contempt of court for failure to attend any
scheduled hearing.

If the juvenile is not represented by counsel, counsel for
the juvenile shall be appointed in accordance with rules adopted by the Office
of Indigent Services. (1998-202, s. 6; 2000-144, s.
20; 2001-487, s. 4.)

Article 19.

Temporary Custody; Secure and Nonsecure Custody; Custody
Hearings.

§ 7B-1900. Taking a juvenile into temporary custody.

Temporary custody means the taking of physical custody and
providing personal care and supervision until a court order for secure or
nonsecure custody can be obtained. A juvenile may be taken into temporary
custody without a court order under the following circumstances:

(1) By a law enforcement officer if grounds exist for
the arrest of an adult in identical circumstances under G.S. 15A-401(b).

(2) By a law enforcement officer or a juvenile court
counselor if there are reasonable grounds to believe that the juvenile is an
undisciplined juvenile.

(a) A person who takes a juvenile into custody without
a court order under G.S. 7B-1900(1) or (2) shall proceed as follows:

(1) Notify the juvenile's parent, guardian, or
custodian that the juvenile has been taken into temporary custody and advise
the parent, guardian, or custodian of the right to be present with the juvenile
until a determination is made as to the need for secure or nonsecure custody.
Failure to notify the parent, guardian, or custodian that the juvenile is in
custody shall not be grounds for release of the juvenile.

(2) Release the juvenile to the juvenile's parent,
guardian, or custodian if the person having the juvenile in temporary custody
decides that continued custody is unnecessary. In the case of a juvenile
unlawfully absent from school, if continued custody is unnecessary, the person
having temporary custody may deliver the juvenile to the juvenile's school or,
if the local city or county government and the local school board adopt a
policy, to a place in the local school administrative unit.

(3) If the juvenile is not released, request that a
petition be drawn pursuant to G.S. 7B-1803 or G.S. 7B-1804. Once the petition
has been drawn and verified, the person shall communicate with the juvenile
court counselor. If the juvenile court counselor approves the filing of the
petition, the juvenile court counselor shall contact the judge or the person
delegated authority pursuant to G.S. 7B-1902 if other than the juvenile court
counselor, for a determination of the need for continued custody.

(b) A juvenile taken into temporary custody under this
Article shall not be held for more than 12 hours, or for more than 24 hours if
any of the 12 hours falls on a Saturday, Sunday, or legal holiday, unless a
petition or motion for review has been filed and an order for secure or
nonsecure custody has been entered.

In the case of any juvenile alleged to be within the
jurisdiction of the court, when the court finds it necessary to place the juvenile
in custody, the court may order that the juvenile be placed in secure or
nonsecure custody pursuant to criteria set out in G.S. 7B-1903.

Any district court judge may issue secure and nonsecure
custody orders pursuant to G.S. 7B-1903. The chief district court judge may
delegate the court's authority to the chief court counselor or the chief court
counselor's counseling staff by administrative order filed in the office of the
clerk of superior court. The administrative order shall specify which persons may
be contacted for approval of a secure or nonsecure custody order. The chief
district court judge shall not delegate the court's authority to detain or
house juveniles in holdover facilities pursuant to G.S. 7B-1905 or G.S. 7B-2513.
(1979, c. 815, s. 1; 1981, c. 425; 1983, c. 590, s. 1;
1998-202, s. 6.)

§ 7B-1903. Criteria for secure or nonsecure custody.

(a) When a request is made for nonsecure custody, the
court shall first consider release of the juvenile to the juvenile's parent,
guardian, custodian, or other responsible adult. An order for nonsecure custody
shall be made only when there is a reasonable factual basis to believe the
matters alleged in the petition are true, and that:

(1) The juvenile is a runaway and consents to nonsecure
custody; or

(2) The juvenile meets one or more of the criteria for
secure custody, but the court finds it in the best interests of the juvenile
that the juvenile be placed in a nonsecure placement.

(b) When a request is made for secure custody, the
court may order secure custody only where the court finds there is a reasonable
factual basis to believe that the juvenile committed the offense as alleged in
the petition, and that one of the following circumstances exists:

(1) The juvenile is charged with a felony and has
demonstrated that the juvenile is a danger to property or persons.

(2) The juvenile has demonstrated that the juvenile is
a danger to persons and is charged with either (i) a misdemeanor at least one
element of which is assault on a person or (ii) a misdemeanor in which the
juvenile used, threatened to use, or displayed a firearm or other deadly
weapon.

(2a) The juvenile has demonstrated that the juvenile is a
danger to persons and is charged with a violation of G.S. 20-138.1 or G.S. 20-138.3.

(3) The juvenile has willfully failed to appear on a
pending delinquency charge or on charges of violation of probation or post-release
supervision, providing the juvenile was properly notified.

(4) A delinquency charge is pending against the
juvenile, and there is reasonable cause to believe the juvenile will not appear
in court.

(5) The juvenile is an absconder from (i) any
residential facility operated by the Division or any detention facility in this
State or (ii) any comparable facility in another state.

(6) There is reasonable cause to believe the juvenile
should be detained for the juvenile's own protection because the juvenile has
recently suffered or attempted self-inflicted physical injury. In such case,
the juvenile must have been refused admission by one appropriate hospital, and
the period of secure custody is limited to 24 hours to determine the need for
inpatient hospitalization. If the juvenile is placed in secure custody, the
juvenile shall receive continuous supervision and a physician shall be notified
immediately.

(7) The juvenile is alleged to be undisciplined by
virtue of the juvenile's being a runaway and is inappropriate for nonsecure
custody placement or refuses nonsecure custody, and the court finds that the
juvenile needs secure custody for up to 24 hours, excluding Saturdays, Sundays,
and State holidays, to evaluate the juvenile's need for medical or psychiatric
treatment or to facilitate reunion with the juvenile's parents, guardian, or
custodian.

(8) The juvenile is alleged to be undisciplined and has
willfully failed to appear in court after proper notice; the juvenile shall be
brought to court as soon as possible and in no event should be held more than
24 hours, excluding Saturdays, Sundays, and State holidays.

(c) When a juvenile has been adjudicated delinquent,
the court may order secure custody pending the dispositional hearing or pending
placement of the juvenile pursuant to G.S. 7B-2506.

(d) The court may order secure custody for a juvenile
who is alleged to have violated the conditions of the juvenile's probation or
post-release supervision, but only if the juvenile is alleged to have committed
acts that damage property or injure persons.

The custody order shall be in writing and shall direct a law
enforcement officer or other authorized person to assume custody of the
juvenile and to make due return on the order. The official executing the order
shall give a copy of the order to the juvenile's parent, guardian, or
custodian. If the order is for nonsecure custody, the official executing the
order shall also give a copy of the petition and order to the person or agency
with whom the juvenile is being placed. If the order is for secure custody,
copies of the petition and custody order shall accompany the juvenile to the
detention facility or holdover facility of the jail. A message of the
Department of Public Safety stating that a juvenile petition and secure custody
order relating to a specified juvenile are on file in a particular county shall
be authority to detain the juvenile in secure custody until a copy of the
juvenile petition and secure custody order can be forwarded to the juvenile
detention facility. The copies of the juvenile petition and secure custody
order shall be transmitted to the detention facility no later than 72 hours
after the initial detention of the juvenile.

An officer receiving an order for custody which is complete
and regular on its face may execute it in accordance with its terms and need
not inquire into its regularity or continued validity, nor does the officer
incur criminal or civil liability for its execution. (1979,
c. 815, s. 1; 1989, c. 124; 1998-202, s. 6; 2009-311, s. 15; 2014-100, s.
17.1(t).)

§ 7B-1905. Place of secure or nonsecure custody.

(a) A juvenile meeting the criteria set out in G.S. 7B-1903(a),
may be placed in nonsecure custody with a department of social services or a
person designated in the order for temporary residential placement in:

(1) A licensed foster home or a home otherwise
authorized by law to provide such care;

(2) A facility operated by a department of social
services; or

(3) Any other home or facility approved by the court
and designated in the order.

In placing a juvenile in nonsecure custody, the court shall
first consider whether a relative of the juvenile is willing and able to
provide proper care and supervision of the juvenile. If the court finds that
the relative is willing and able to provide proper care and supervision, the
court shall order placement of the juvenile with the relative unless the court
finds that placement with the relative would be contrary to the best interest
of the juvenile. Placement of a juvenile outside of this State shall be in
accordance with the Interstate Compact on the Placement of Children set forth
in Article 38 of this Chapter.

(b) Pursuant to G.S. 7B-1903(b), (c), or (d), a
juvenile may be temporarily detained in an approved detention facility which
shall be separate from any jail, lockup, prison, or other adult penal
institution, except as provided in subsection (c) of this section. It shall be
unlawful for a county or any unit of government to operate a juvenile detention
facility unless the facility meets the standards and rules adopted by the
Department of Public Safety.

(c) A juvenile who has allegedly committed an offense
that would be a Class A, B1, B2, C, D, or E felony if committed by an adult may
be detained in secure custody in a holdover facility up to 72 hours, if the
court, based on information provided by the juvenile court counselor,
determines that no acceptable alternative placement is available and the
protection of the public requires the juvenile be housed in a holdover
facility. (1979, c. 815, s. 1; 1983, c. 639, ss. 1,
2; 1997-390, s. 4; 1997-443, s. 11A.118(a); 1998-202, s. 6; 1998-229, s. 3;
1999-423, s. 14; 2001-490, s. 2.15; 2012-172, s. 4.)

§ 7B-1906. Secure or nonsecure custody hearings.

(a) No juvenile shall be held under a secure custody
order for more than five calendar days or under a nonsecure custody order for
more than seven calendar days without a hearing on the merits or an initial
hearing to determine the need for continued custody. A hearing conducted under
this subsection may not be continued or waived. In every case in which an order
has been entered by an official exercising authority delegated pursuant to G.S.
7B-1902, a hearing to determine the need for continued custody shall be
conducted on the day of the next regularly scheduled session of district court
in the city or county where the order was entered if the session precedes the
expiration of the applicable time period set forth in this subsection. If the
session does not precede the expiration of the time period, the hearing may be
conducted at another regularly scheduled session of district court in the
district where the order was entered.

(b) As long as the juvenile remains in secure or
nonsecure custody, further hearings to determine the need for continued secure
custody shall be held at intervals of no more than 10 calendar days. A
subsequent hearing on continued nonsecure custody shall be held within seven
business days, excluding Saturdays, Sundays, and legal holidays when the
courthouse is closed for transactions, of the initial hearing required in
subsection (a) of this section and hearings thereafter shall be held at
intervals of no more than 30 calendar days. In the case of a juvenile alleged
to be delinquent, further hearings may be waived only with the consent of the
juvenile, through counsel for the juvenile.

(c) The court shall determine whether a juvenile who
is alleged to be delinquent has retained counsel or has been assigned counsel;
if the juvenile is not represented by counsel, counsel for the juvenile shall
be appointed in accordance with rules adopted by the Office of Indigent Defense
Services.

(d) At a hearing to determine the need for continued
custody, the court shall receive testimony and shall allow the juvenile and the
juvenile's parent, guardian, or custodian an opportunity to introduce evidence,
to be heard in their own behalf, and to examine witnesses. The State shall bear
the burden at every stage of the proceedings to provide clear and convincing
evidence that restraints on the juvenile's liberty are necessary and that no
less intrusive alternative will suffice. The court shall not be bound by the
usual rules of evidence at the hearings.

(e) The court shall be bound by criteria set forth in
G.S. 7B-1903 in determining whether continued custody is warranted.

(f) The court may impose appropriate restrictions on
the liberty of a juvenile who is released from secure custody, including:

(1) Release on the written promise of the juvenile's
parent, guardian, or custodian to produce the juvenile in court for subsequent
proceedings;

(2) Release into the care of a responsible person or
organization;

(3) Release conditioned on restrictions on activities,
associations, residence, or travel if reasonably related to securing the
juvenile's presence in court; or

(4) Any other conditions reasonably related to securing
the juvenile's presence in court.

(g) If the court determines that the juvenile meets
the criteria in G.S. 7B-1903 and should continue in custody, the court shall
issue an order to that effect. The order shall be in writing with appropriate
findings of fact. The findings of fact shall include the evidence relied upon
in reaching the decision and the purposes which continued custody is to
achieve.

(h) The hearing to determine the need to continue
custody may be conducted by audio and video transmission which allows the court
and the juvenile to see and hear each other. If the juvenile has counsel, the
juvenile may communicate fully and confidentially with the juvenile's attorney
during the proceeding. Prior to the use of audio and video transmission, the
procedures and type of equipment for audio and video transmission shall be
submitted to the Administrative Office of the Courts by the chief district
court judge and approved by the Administrative Office of the Courts. (1979, c. 815, s. 1; 1981, c. 469, s. 13; 1987 (Reg. Sess.,
1988), c. 1090, s. 4; 1994, Ex. Sess., c. 27, s. 1; 1997-390, ss. 5, 6; 1998-202,
s. 6; 1998-229, s. 4; 2000-144, s. 21; 2003-337, s. 10.)

§ 7B-1907. Telephonic communication authorized.

All communications, notices, orders, authorizations, and
requests authorized or required by G.S. 7B-1901, 7B-1903, and 7B-1904 may be
made by telephone when other means of communication are impractical. All
written orders pursuant to telephonic communication shall bear the name and the
title of the person communicating by telephone, the signature and the title of
the official entering the order, and the hour and the date of the
authorization. (1979, c. 815, s. 1; 1998-202, s. 6.)

Article 20.

Basic Rights.

§ 7B-2000. Juvenile's right to counsel; presumption of
indigence.

(a) A juvenile alleged to be within the jurisdiction
of the court has the right to be represented by counsel in all proceedings.
Counsel for the juvenile shall be appointed in accordance with rules adopted by
the Office of Indigent Defense Services, unless counsel is retained for the
juvenile, in any proceeding in which the juvenile is alleged to be (i)
delinquent or (ii) in contempt of court when alleged or adjudicated to be
undisciplined.

(b) All juveniles shall be conclusively presumed to be
indigent, and it shall not be necessary for the court to receive from any
juvenile an affidavit of indigency. (1979, c. 815, s.
1; 1998-202, s. 6; 2000-144, s. 22.)

§ 7B-2001. Appointment of guardian.

In any case when no parent, guardian, or custodian appears in
a hearing with the juvenile or when the court finds it would be in the best
interests of the juvenile, the court may appoint a guardian of the person for
the juvenile. The guardian shall operate under the supervision of the court
with or without bond and shall file only such reports as the court shall
require. Unless the court orders otherwise, the guardian:

(1) Shall have the care, custody, and control of the
juvenile or may arrange a suitable placement for the juvenile.

(2) May represent the juvenile in legal actions before
any court.

(3) May consent to certain actions on the part of the
juvenile in place of the parent or custodian, including (i) marriage, (ii)
enlisting in the Armed Forces of the United States, and (iii) enrollment in
school.

(4) May consent to any necessary remedial,
psychological, medical, or surgical treatment for the juvenile.

The authority of the guardian shall continue until the
guardianship is terminated by court order, until the juvenile is emancipated
pursuant to Subchapter IV of this Chapter, or until the juvenile reaches the
age of majority. (1979, c. 815, s. 1; 1997-390, s. 7;
1998-202, s. 6; 2011-183, s. 5.)

§ 7B-2002. Payment of court-appointed attorney.

An attorney appointed pursuant to G.S. 7B-2000 or pursuant to
any other provision of this Subchapter shall be paid a reasonable fee in
accordance with rules adopted by the Office of Indigent Defense Services. The
court may require payment of the attorneys' fees from a person other than the
juvenile as provided in G.S. 7A-450.1, 7A-450.2, and 7A-450.3. A person who
does not comply with the court's order of payment may be found in civil
contempt as provided in G.S. 5A-21. (1979, c. 815, s.
1; 1983, c. 726, ss. 2, 3; 1987 (Reg. Sess., 1988), c. 1090, s. 6; 1991, c.
575, s. 1; 1998-202, s. 6; 2000-144, s. 23.)

Article 21.

Law Enforcement Procedures in Delinquency Proceedings.

§ 7B-2100. Role of the law enforcement officer.

A law enforcement officer who takes a juvenile into temporary
custody should select the most appropriate course of action to the situation,
the needs of the juvenile, and the protection of the public safety. The officer
may:

(1) Release the juvenile, with or without first
counseling the juvenile;

(2) Release the juvenile to the juvenile's parent,
guardian, or custodian;

(2) That any statement the juvenile does make can be
and may be used against the juvenile;

(3) That the juvenile has a right to have a parent,
guardian, or custodian present during questioning; and

(4) That the juvenile has a right to consult with an
attorney and that one will be appointed for the juvenile if the juvenile is not
represented and wants representation.

(b) When the juvenile is less than 14 years of age, no
in-custody admission or confession resulting from interrogation may be admitted
into evidence unless the confession or admission was made in the presence of
the juvenile's parent, guardian, custodian, or attorney. If an attorney is not
present, the parent, guardian, or custodian as well as the juvenile must be
advised of the juvenile's rights as set out in subsection (a) of this section;
however, a parent, guardian, or custodian may not waive any right on behalf of
the juvenile.

(c) If the juvenile indicates in any manner and at any
stage of questioning pursuant to this section that the juvenile does not wish
to be questioned further, the officer shall cease questioning.

(a) A law enforcement officer or agency shall
fingerprint and photograph a juvenile who was 10 years of age or older at the
time the juvenile allegedly committed a nondivertible offense as set forth in
G.S. 7B-1701, when a complaint has been prepared for filing as a petition and
the juvenile is in physical custody of law enforcement or the Division.

(a1) A county juvenile detention facility shall
photograph a juvenile who has been committed to that facility. The county
detention facility shall release any photograph it makes or receives pursuant
to this section to the Division, upon the Division's request. The duty of
confidentiality in subsection (d) of this section applies to the Division,
except as provided in G.S. 7B-3102.

(b) If a law enforcement officer or agency does not
take the fingerprints or a photograph of the juvenile pursuant to subsection
(a) of this section or the fingerprints or photograph have been destroyed
pursuant to subsection (e) of this section, a law enforcement officer or agency
shall fingerprint and photograph a juvenile who has been adjudicated delinquent
if the juvenile was 10 years of age or older at the time the juvenile committed
an offense that would be a felony if committed by an adult.

(c) A law enforcement officer, facility, or agency who
fingerprints or photographs a juvenile pursuant to this section shall do so in
a proper format for transfer to the State Bureau of Investigation and the
Federal Bureau of Investigation. After the juvenile, who was 10 years of age or
older at the time of the offense, is adjudicated delinquent of an offense that
would be a felony if committed by an adult, fingerprints obtained pursuant to
this section shall be transferred to the State Bureau of Investigation and
placed in the Automated Fingerprint Identification System (AFIS) to be used for
all investigative and comparison purposes. Photographs obtained pursuant to
this section shall be placed in a format approved by the State Bureau of
Investigation and may be used for all investigative or comparison purposes. The
State Bureau of Investigation shall release any photograph it receives pursuant
to this section to the Division, upon the Division's request. The duty of
confidentiality in subsection (d) of this section applies to the Division,
except as provided in G.S. 7B-3102.

(d) Fingerprints and photographs taken pursuant to this
section are not public records under Chapter 132 of the General Statutes, shall
not be included in the clerk's record pursuant to G.S. 7B-3000, shall be
withheld from public inspection or examination, and shall not be eligible for
expunction pursuant to G.S. 7B-3200. Fingerprints and photographs taken
pursuant to this section shall be maintained separately from any juvenile
record, other than the electronic file maintained by the State Bureau of Investigation.

(e) If a juvenile is fingerprinted and photographed
pursuant to subsection (a) of this section, the custodian of records shall
destroy all fingerprints and photographs at the earlier of the following:

(1) The juvenile court counselor or prosecutor does not
file a petition against the juvenile within one year of fingerprinting and
photographing the juvenile pursuant to subsection (a) of this section;

(2) The court does not find probable cause pursuant to
G.S. 7B-2202; or

(3) The juvenile is not adjudicated delinquent of any
offense that would be a felony or a misdemeanor if committed by an adult.

The chief court counselor shall notify the local custodian of
records, and the local custodian of records shall notify any other record-holding
agencies, when a decision is made not to file a petition, the court does not
find probable cause, or the court does not adjudicate the juvenile delinquent. (1996, 2nd Ex. Sess., c. 18, s. 23.2(a); 1998-202, s. 6;
2000-137, s. 3; 2001-490, s. 2.16; 2003-297, s. 2; 2007-458, ss. 1, 3(a), (b);
2011-145, s. 19.1(l).)

§ 7B-2103. Authority to issue nontestimonial identification
order where juvenile alleged to be delinquent.

Except as provided in G.S. 7B-2102, nontestimonial
identification procedures shall not be conducted on any juvenile without a
court order issued pursuant to this Article unless the juvenile has been
charged as an adult or transferred to superior court for trial as an adult in
which case procedures applicable to adults, as set out in Articles 14 and 23 of
Chapter 15A of the General Statutes, shall apply. A nontestimonial
identification order authorized by this Article may be issued by any judge of
the district court or of the superior court upon request of a prosecutor. As
used in this Article, "nontestimonial identification" means
identification by fingerprints, palm prints, footprints, measurements, blood
specimens, urine specimens, saliva samples, hair samples, or other reasonable physical
examination, handwriting exemplars, voice samples, photographs, and lineups or
similar identification procedures requiring the presence of a juvenile. (1979, c. 815, s. 1; 1981, c. 454, s. 1; 1998-202, s. 6.)

§ 7B-2104. Time of application for nontestimonial
identification order.

A request for a nontestimonial identification order may be
made prior to taking a juvenile into custody or after custody and prior to the
adjudicatory hearing. (1979, c. 815, s. 1; 1981, c.
454, s. 2; 1998-202, s. 6.)

§ 7B-2105. Grounds for nontestimonial identification order.

(a) Except as provided in subsection (b) of this
section, a nontestimonial identification order may issue only on affidavit or
affidavits sworn to before the court and establishing the following grounds for
the order:

(1) That there is probable cause to believe that an
offense has been committed that would be a felony if committed by an adult;

(2) That there are reasonable grounds to suspect that
the juvenile named or described in the affidavit committed the offense; and

(3) That the results of specific nontestimonial
identification procedures will be of material aid in determining whether the
juvenile named in the affidavit committed the offense.

(b) A nontestimonial identification order to obtain a
blood specimen from a juvenile may issue only on affidavit or affidavits sworn
to before the court and establishing the following grounds for the order:

(1) That there is probable cause to believe that an
offense has been committed that would be a felony if committed by an adult;

(2) That there is probable cause to believe that the
juvenile named or described in the affidavit committed the offense; and

(3) That there is probable cause to believe that
obtaining a blood specimen from the juvenile will be of material aid in
determining whether the juvenile named in the affidavit committed the offense. (1979, c. 815, s. 1; 1997-80, s. 11; 1998-202, s. 6.)

§ 7B-2106. Issuance of order.

Upon a showing that the grounds specified in G.S. 7B-2105
exist, the judge may issue an order following the same procedure as in the case
of adults under G.S. 15A-274, 15A-275, 15A-276, 15A-277, 15A-278, 15A-279, 15A-280,
and 15A-282. (1979, c. 815, s. 1; 1998-202, s. 6.)

§ 7B-2107. Nontestimonial identification order at request of
juvenile.

A juvenile in custody for or charged with an offense which if
committed by an adult would be a felony offense may request that nontestimonial
identification procedures be conducted. If it appears that the results of
specific nontestimonial identification procedures will be of material aid to
the juvenile's defense, the judge to whom the request was directed must order
the State to conduct the identification procedures. (1979,
c. 815, s. 1; 1997-80, s. 12; 1998-202, s. 6.)

The results of any nontestimonial identification procedures
shall be retained or disposed of as follows:

(1) If a petition is not filed against a juvenile who
has been the subject of nontestimonial identification procedures, all records
of the evidence shall be destroyed.

(2) If the juvenile is not adjudicated delinquent or
convicted in superior court following transfer, all records resulting from a
nontestimonial order shall be destroyed. Further, in the case of a juvenile who
is under 13 years of age and who is adjudicated delinquent for an offense that
would be less than a felony if committed by an adult, all records shall be
destroyed.

(3) If a juvenile 13 years of age or older is adjudicated
delinquent for an offense that would be a felony if committed by an adult, all
records resulting from a nontestimonial order may be retained in the court
file. Special precautions shall be taken to ensure that these records will be
maintained in a manner and under sufficient safeguards to limit their use to
inspection by law enforcement officers for comparison purposes in the
investigation of a crime.

(4) If the juvenile is transferred to and convicted in
superior court, all records resulting from nontestimonial identification
procedures shall be processed as in the case of an adult.

(5) Any evidence seized pursuant to a nontestimonial
order shall be retained by law enforcement officers until further order is
entered by the court.

(6) Destruction of nontestimonial identification
records pursuant to this section shall be performed by the law enforcement
agency having possession of the records. Following destruction, the law
enforcement agency shall make written certification to the court of the destruction.
(1979, c. 815, s. 1; 1994, Ex. Sess., c. 22, s. 28;
1998-202, s. 6.)

After notice, hearing, and a finding of probable cause the
court may, upon motion of the prosecutor or the juvenile's attorney or upon its
own motion, transfer jurisdiction over a juvenile to superior court if the
juvenile was 13 years of age or older at the time the juvenile allegedly
committed an offense that would be a felony if committed by an adult. If the
alleged felony constitutes a Class A felony and the court finds probable cause,
the court shall transfer the case to the superior court for trial as in the
case of adults. (1979, c. 815, s. 1; 1991 (Reg. Sess.,
1992), c. 842, s. 1; 1994, Ex. Sess., c. 22, s. 25; 1998-202, s. 6.)

(a) When jurisdiction over a juvenile is transferred
to the superior court, the juvenile shall be fingerprinted and the juvenile's
fingerprints shall be sent to the State Bureau of Investigation.

(b) When jurisdiction over a juvenile is transferred
to the superior court, a DNA sample shall be taken from the juvenile if any of
the offenses for which the juvenile is transferred are included in the
provisions of G.S. 15A-266.3A. (1981, c. 862, s. 2;
1998-202, s. 6; 2010-94, s. 13.)

§ 7B-2202. Probable cause hearing.

(a) The court shall conduct a hearing to determine
probable cause in all felony cases in which a juvenile was 13 years of age or
older when the offense was allegedly committed. The hearing shall be conducted
within 15 days of the date of the juvenile's first appearance. The court may
continue the hearing for good cause.

(b) At the probable cause hearing:

(1) A prosecutor shall represent the State;

(2) The juvenile shall be represented by counsel;

(3) The juvenile may testify, call, and examine
witnesses, and present evidence; and

(4) Each witness shall testify under oath or
affirmation and be subject to cross-examination.

(c) The State shall by nonhearsay evidence, or by
evidence that satisfies an exception to the hearsay rule, show that there is
probable cause to believe that the offense charged has been committed and that
there is probable cause to believe that the juvenile committed it, except:

(1) A report or copy of a report made by a physicist,
chemist, firearms identification expert, fingerprint technician, or an expert
or technician in some other scientific, professional, or medical field,
concerning the results of an examination, comparison, or test performed in
connection with the case in issue, when stated in a report by that person, is
admissible in evidence;

(2) If there is no serious contest, reliable hearsay is
admissible to prove value, ownership of property, possession of property in a
person other than the juvenile, lack of consent of the owner, possessor, or
custodian of property to the breaking or entering of premises, chain of
custody, and authenticity of signatures.

(d) Counsel for the juvenile may waive in writing the
right to the hearing and stipulate to a finding of probable cause.

(e) If probable cause is found and transfer to
superior court is not required by G.S. 7B-2200, upon motion of the prosecutor
or the juvenile's attorney or upon its own motion, the court shall either
proceed to a transfer hearing or set a date for that hearing. If the juvenile
has not received notice of the intention to seek transfer at least five days
prior to the probable cause hearing, the court, at the request of the juvenile,
shall continue the transfer hearing.

(f) If the court does not find probable cause for a
felony offense, the court shall:

(1) Dismiss the proceeding, or

(2) If the court finds probable cause to believe that
the juvenile committed a lesser included offense that would constitute a
misdemeanor if committed by an adult, either proceed to an adjudicatory hearing
or set a date for that hearing. (1979, c. 815, s. 1;
1981, c. 469, ss. 15, 16; 1994, Ex. Sess., c. 22, s. 26; 1998-202, s. 6.)

§ 7B-2203. Transfer hearing.

(a) At the transfer hearing, the prosecutor and the
juvenile may be heard and may offer evidence, and the juvenile's attorney may
examine any court or probation records, or other records the court may consider
in determining whether to transfer the case.

(b) In the transfer hearing, the court shall determine
whether the protection of the public and the needs of the juvenile will be
served by transfer of the case to superior court and shall consider the
following factors:

(1) The age of the juvenile;

(2) The maturity of the juvenile;

(3) The intellectual functioning of the juvenile;

(4) The prior record of the juvenile;

(5) Prior attempts to rehabilitate the juvenile;

(6) Facilities or programs available to the court prior
to the expiration of the court's jurisdiction under this Subchapter and the
likelihood that the juvenile would benefit from treatment or rehabilitative
efforts;

(7) Whether the alleged offense was committed in an
aggressive, violent, premeditated, or willful manner; and

(8) The seriousness of the offense and whether the
protection of the public requires that the juvenile be prosecuted as an adult.

(c) Any order of transfer shall specify the reasons
for transfer. When the case is transferred to superior court, the superior
court has jurisdiction over that felony, any offense based on the same act or
transaction or on a series of acts or transactions connected together or
constituting parts of a single scheme or plan of that felony, and any greater
or lesser included offense of that felony.

(d) If the court does not transfer the case to superior
court, the court shall either proceed to an adjudicatory hearing or set a date
for that hearing. (1979, c. 815, s. 1; 1983, c. 532,
s. 1; 1994, Ex. Sess., c. 22, s. 27; 1998-202, s. 6.)

§ 7B-2204. Right to pretrial release; detention.

Once the order of transfer has been entered, the juvenile has
the right to pretrial release as provided in G.S. 15A-533 and G.S 15A-534. The
release order shall specify the person or persons to whom the juvenile may be
released. Pending release, the court shall order that the juvenile be detained
in a detention facility while awaiting trial. The court may order the juvenile
to be held in a holdover facility at any time the presence of the juvenile is
required in court for pretrial hearings or trial, if the court finds that it
would be inconvenient to return the juvenile to the detention facility.

Should the juvenile be found guilty, or enter a plea of
guilty or no contest to a criminal offense in superior court and receive an
active sentence, then immediate transfer to the Division of Adult Correction of
the Department of Public Safety shall be ordered. Until such time as the
juvenile is transferred to the Division of Adult Correction of the Department
of Public Safety, the juvenile may be detained in a holdover facility. The
juvenile may not be detained in a detention facility pending transfer to the
Division of Adult Correction of the Department of Public Safety.

The juvenile may be kept by the Division of Adult Correction
of the Department of Public Safety as a safekeeper until the juvenile is placed
in an appropriate correctional program. (1979, c.
815, s. 1; 1987, c. 144; 1991, c. 352, s. 1; 1998-202, s. 6; 2011-145, s.
19.1(h).)

Article 23.

Discovery.

§ 7B-2300. Disclosure of evidence by petitioner.

(a) Statement of the Juvenile. - Upon motion of a
juvenile alleged to be delinquent, the court shall order the petitioner:

(1) To permit the juvenile to inspect and copy any
relevant written or recorded statements within the possession, custody, or
control of the petitioner made by the juvenile or any other party charged in
the same action; and

(2) To divulge, in written or recorded form, the
substance of any oral statement made by the juvenile or any other party charged
in the same action.

(b) Names of Witnesses. - Upon motion of the juvenile,
the court shall order the petitioner to furnish the names of persons to be
called as witnesses. A copy of the record of witnesses under the age of 16
shall be provided by the petitioner to the juvenile upon the juvenile's motion
if accessible to the petitioner.

(c) Documents and Tangible Objects. - Upon motion of
the juvenile, the court shall order the petitioner to permit the juvenile to
inspect and copy books, papers, documents, photographs, motion pictures,
mechanical or electronic recordings, tangible objects, or portions thereof:

(1) Which are within the possession, custody, or
control of the petitioner, the prosecutor, or any law enforcement officer
conducting an investigation of the matter alleged; and

(2) Which are material to the preparation of the
defense, are intended for use by the petitioner as evidence, or were obtained
from or belong to the juvenile.

(d) Reports of Examinations and Tests. - Upon motion of
a juvenile, the court shall order the petitioner to permit the juvenile to
inspect and copy results of physical or mental examinations or of tests,
measurements, or experiments made in connection with the case, within the
possession, custody, or control of the petitioner. In addition upon motion of a
juvenile, the court shall order the petitioner to permit the juvenile to
inspect, examine, and test, subject to appropriate safeguards, any physical
evidence or a sample of it or tests or experiments made in connection with the
evidence in the case if it is available to the petitioner, the prosecutor, or
any law enforcement officer conducting an investigation of the matter alleged,
and if the petitioner intends to offer the evidence at trial.

(e) Except as provided in subsections (a) through (d)
of this section, this Article does not require the production of reports,
memoranda, or other internal documents made by the petitioner, law enforcement
officers, or other persons acting on behalf of the petitioner in connection
with the investigation or prosecution of the case or of statements made by
witnesses or the petitioner to anyone acting on behalf of the petitioner.

(f) Nothing in this section prohibits a petitioner
from making voluntary disclosures in the interest of justice. (1979, c. 815, s. 1; 1998-202, s. 6.)

§ 7B-2301. Disclosure of evidence by juvenile.

(a) Names of Witnesses. - Upon motion of the
petitioner, the court shall order the juvenile to furnish to the petitioner the
names of persons to be called as witnesses.

(b) Documents and Tangible Objects. - If the court
grants any relief sought by the juvenile under G.S. 7B-2300, upon motion of the
petitioner, the court shall order the juvenile to permit the petitioner to
inspect and copy books, papers, documents, photographs, motion pictures,
mechanical or electronic recordings, tangible objects, or portions thereof
which are within the possession, custody, or control of the juvenile and which
the juvenile intends to introduce in evidence.

(c) Reports of Examinations and Tests. - If the court
grants any relief sought by the juvenile under G.S. 7B-2300, upon motion of the
petitioner, the court shall order the juvenile to permit the petitioner to
inspect and copy results of physical or mental examinations or of tests,
measurements, or experiments made in connection with the case within the
possession and control of the juvenile which the juvenile intends to introduce in
evidence or which were prepared by a witness whom the juvenile intends to call
if the results relate to the witness's testimony. In addition, upon motion of a
petitioner, the court shall order the juvenile to permit the petitioner to
inspect, examine, and test, subject to appropriate safeguards, any physical
evidence or a sample of it if the juvenile intends to offer the evidence or
tests or experiments made in connection with the evidence in the case. (1979, c. 815, s. 1; 1998-202, s. 6.)

§ 7B-2302. Regulation of discovery; protective orders.

(a) Upon written motion of a party and a finding of
good cause, the court may at any time order that discovery or inspection be
denied, restricted, or deferred.

(b) The court may permit a party seeking relief under
subsection (a) of this section to submit supporting affidavits or statements to
the court for in camera inspection. If thereafter the court enters an order
granting relief under subsection (a) of this section, the material submitted in
camera must be available to the Court of Appeals in the event of an appeal. (1979, c. 815, s. 1; 1998-202, s. 6.)

§ 7B-2303. Continuing duty to disclose.

If a party, subject to compliance with an order issued
pursuant to this Article, discovers additional evidence prior to or during the
hearing or decides to use additional evidence, and if the evidence is or may be
subject to discovery or inspection under this Article, the party shall promptly
notify the other party of the existence of the additional evidence or of the name
of each additional witness. (1979, c. 815, s. 1; 1998-202,
s. 6.)

Article 24.

Hearing Procedures.

§ 7B-2400. Amendment of petition.

The court may permit a petition to be amended when the
amendment does not change the nature of the offense alleged. If a motion to
amend is allowed, the juvenile shall be given a reasonable opportunity to
prepare a defense to the amended allegations. (1979,
c. 815, s. 1; 1998-202, s. 6.)

The provisions of G.S. 15A-1001, 15A-1002, and 15A-1003 apply
to all cases in which a juvenile is alleged to be delinquent. No juvenile
committed under this section may be placed in a situation where the juvenile
will come in contact with adults committed for any purpose. (1979, c. 815, s. 1; 1998-202, s. 6.)

§ 7B-2402. Open hearings.

All hearings authorized or required pursuant to this
Subchapter shall be open to the public unless the court closes the hearing or
part of the hearing for good cause, upon motion of a party or its own motion.
If the court closes the hearing or part of the hearing to the public, the court
may allow any victim, member of a victim's family, law enforcement officer,
witness or any other person directly involved in the hearing to be present at
the hearing.

In determining good cause to close a hearing or part of a
hearing, the court shall consider the circumstances of the case, including, but
not limited to, the following factors:

(1) The nature of the allegations against the juvenile;

(2) The age and maturity of the juvenile;

(3) The benefit to the juvenile of confidentiality;

(4) The benefit to the public of an open hearing; and

(5) The extent to which the confidentiality of the
juvenile's file will be compromised by an open hearing.

No hearing or part of a hearing shall
be closed by the court if the juvenile requests that it remain open. (1979, c. 815, s. 1; 1998-202, s. 6; 1998-229, s. 5.)

§ 7B-2402.1. Restraint of juveniles in courtroom.

At any hearing authorized or required by this Subchapter, the
judge may subject a juvenile to physical restraint in the courtroom only when
the judge finds the restraint to be reasonably necessary to maintain order,
prevent the juvenile's escape, or provide for the safety of the courtroom.
Whenever practical, the judge shall provide the juvenile and the juvenile's
attorney an opportunity to be heard to contest the use of restraints before the
judge orders the use of restraints. If restraints are ordered, the judge shall
make findings of fact in support of the order. (2007-100,
s. 1.)

§ 7B-2403. Adjudicatory hearing.

The adjudicatory hearing shall be held within a reasonable
time in the district at the time and place the chief district court judge
designates. (1979, c. 815, s. 1; 1998-202, s. 6; 1998-229,
s. 5.)

The adjudicatory hearing shall be a judicial process designed
to determine whether the juvenile is undisciplined or delinquent. In the
adjudicatory hearing, the court shall protect the following rights of the
juvenile and the juvenile's parent, guardian, or custodian to assure due
process of law:

(1) The right to written notice of the facts alleged in
the petition;

(2) The right to counsel;

(3) The right to confront and cross-examine witnesses;

(4) The privilege against self-incrimination;

(5) The right of discovery; and

(6) All rights afforded adult offenders except the
right to bail, the right of self-representation, and the right of trial by
jury. (1979, c. 815, s. 1; 1998-202, s. 6.)

§ 7B-2406. Continuances.

The court for good cause may continue the hearing for as long
as is reasonably required to receive additional evidence, reports, or
assessments that the court has requested, or other information needed in the
best interests of the juvenile and to allow for a reasonable time for the
parties to conduct expeditious discovery. Otherwise, continuances shall be
granted only in extraordinary circumstances when necessary for the proper
administration of justice or in the best interests of the juvenile. (1979, c. 815, s. 1; 1987 (Reg. Sess., 1988), c. 1090, s. 9;
1998-202, s. 6.)

§ 7B-2407. When admissions by juvenile may be accepted.

(a) The court may accept an admission from a juvenile
only after first addressing the juvenile personally and:

(1) Informing the juvenile that the juvenile has a
right to remain silent and that any statement the juvenile makes may be used
against the juvenile;

(2) Determining that the juvenile understands the
nature of the charge;

(3) Informing the juvenile that the juvenile has a
right to deny the allegations;

(4) Informing the juvenile that by the juvenile's
admissions the juvenile waives the juvenile's right to be confronted by the
witnesses against the juvenile;

(5) Determining that the juvenile is satisfied with the
juvenile's representation; and

(6) Informing the juvenile of the most restrictive
disposition on the charge.

(b) By inquiring of the prosecutor, the juvenile's
attorney, and the juvenile personally, the court shall determine whether there
were any prior discussions involving admissions, whether the parties have
entered into any arrangement with respect to the admissions and the terms
thereof, and whether any improper pressure was exerted. The court may accept an
admission from a juvenile only after determining that the admission is a
product of informed choice.

(c) The court may accept an admission only after determining
that there is a factual basis for the admission. This determination may be
based upon any of the following information: a statement of the facts by the
prosecutor; a written statement of the juvenile; sworn testimony which may
include reliable hearsay; or a statement of facts by the juvenile's attorney. (1979, c. 815, s. 1; 1998-202, s. 6.)

§ 7B-2408. Rules of evidence.

If the juvenile denies the allegations of the petition, the
court shall proceed in accordance with the rules of evidence applicable to
criminal cases. In addition, no statement made by a juvenile to the juvenile
court counselor during the preliminary inquiry and evaluation process shall be
admissible prior to the dispositional hearing. (1979,
c. 815, s. 1; 1981, ch. 469, s. 17; 1998-202, s. 6; 2001-490, s. 2.17.)

§ 7B-2409. Quantum of proof in adjudicatory hearing.

The allegations of a petition alleging the juvenile is
delinquent shall be proved beyond a reasonable doubt. The allegations in a
petition alleging undisciplined behavior shall be proved by clear and
convincing evidence. (1979, c. 815, s. 1; 1998-202, s.
6.)

§ 7B-2410. Record of proceedings.

All adjudicatory and dispositional hearings and hearings on
probable cause and transfer to superior court shall be recorded by stenographic
notes or by electronic or mechanical means. Records shall be reduced to a written
transcript only when timely notice of appeal has been given. The court may
order that other hearings be recorded. (1979, c. 815,
s. 1; 1998-202, s. 6.)

§ 7B-2411. Adjudication.

If the court finds that the allegations in the petition have
been proved as provided in G.S. 7B-2409, the court shall so state in a written
order of adjudication, which shall include, but not be limited to, the date of
the offense, the misdemeanor or felony classification of the offense, and the
date of adjudication. If the court finds that the allegations have not been
proved, the court shall dismiss the petition with prejudice and the juvenile
shall be released from secure or nonsecure custody if the juvenile is in
custody. (1979, c. 815, s. 1; 1998-202, s. 6; 2009-545,
s. 4.)

§ 7B-2412. Legal effect of adjudication of delinquency.

An adjudication that a juvenile is delinquent or commitment
of a juvenile to the Division for placement in a youth development center shall
neither be considered conviction of any criminal offense nor cause the juvenile
to forfeit any citizenship rights. (1979, c. 815, s.
1; 1998-202, s. 6; 2000-137, s. 3; 2001-95, s. 5; 2011-145, s. 19.1(l).)

§ 7B-2413. Predisposition investigation and report.

The court shall proceed to the dispositional hearing upon
receipt of the predisposition report. A risk and needs assessment, containing
information regarding the juvenile's social, medical, psychiatric,
psychological, and educational history, as well as any factors indicating the
probability of the juvenile committing further delinquent acts, shall be
conducted for the juvenile and shall be attached to the predisposition report.
In cases where no predisposition report is available and the court makes a
written finding that a report is not needed, the court may proceed with the
dispositional hearing. No predisposition report or risk and needs assessment of
any child alleged to be delinquent or undisciplined shall be made prior to an
adjudication that the juvenile is within the juvenile jurisdiction of the court
unless the juvenile, the juvenile's parent, guardian, or custodian, or the
juvenile's attorney files a written statement with the juvenile court counselor
granting permission and giving consent to the predisposition report or risk and
needs assessment. No predisposition report shall be submitted to or considered
by the court prior to the completion of the adjudicatory hearing. The court
shall permit the juvenile to inspect any predisposition report, including any
attached risk and needs assessment, to be considered by the court in making the
disposition unless the court determines that disclosure would seriously harm
the juvenile's treatment or rehabilitation or would violate a promise of
confidentiality. Opportunity to offer evidence in rebuttal shall be afforded
the juvenile and the juvenile's parent, guardian, or custodian at the
dispositional hearing. The court may order counsel not to disclose parts of the
report to the juvenile or the juvenile's parent, guardian, or custodian if the
court finds that disclosure would seriously harm the treatment or
rehabilitation of the juvenile or would violate a promise of confidentiality
given to a source of information. (1979, c. 815, s. 1;
1998-202, s. 6; 1999-423, s. 13; 2001-490, s. 2.18.)

The purpose of dispositions in juvenile actions is to design
an appropriate plan to meet the needs of the juvenile and to achieve the
objectives of the State in exercising jurisdiction, including the protection of
the public. The court should develop a disposition in each case that:

(1) Promotes public safety;

(2) Emphasizes accountability and responsibility of
both the parent, guardian, or custodian and the juvenile for the juvenile's
conduct; and

(a) The dispositional hearing may be informal, and the
court may consider written reports or other evidence concerning the needs of
the juvenile. The court may consider any evidence, including hearsay evidence
as defined in G.S. 8C-1, Rule 801, that the court finds to be relevant,
reliable, and necessary to determine the needs of the juvenile and the most
appropriate disposition.

(b) The juvenile and the juvenile's parent, guardian,
or custodian shall have an opportunity to present evidence, and they may advise
the court concerning the disposition they believe to be in the best interests
of the juvenile.

(c) In choosing among statutorily permissible
dispositions, the court shall select the most appropriate disposition both in
terms of kind and duration for the delinquent juvenile. Within the guidelines
set forth in G.S. 7B-2508, the court shall select a disposition that is
designed to protect the public and to meet the needs and best interests of the
juvenile, based upon:

(1) The seriousness of the offense;

(2) The need to hold the juvenile accountable;

(3) The importance of protecting the public safety;

(4) The degree of culpability indicated by the
circumstances of the particular case; and

(5) The rehabilitative and treatment needs of the
juvenile indicated by a risk and needs assessment.

(d) The court may dismiss the case, or continue the
case for no more than six months in order to allow the family an opportunity to
meet the needs of the juvenile through more adequate home supervision, through
placement in a private or specialized school or agency, through placement with
a relative, or through some other plan approved by the court. (1979, c. 815, s. 1; 1981, c. 469, s. 18; 1998-202, s. 6;
2003-62, s. 5.)

§ 7B-2502. Evaluation and treatment of undisciplined and
delinquent juveniles.

(a) In any case, the court may order that the juvenile
be examined by a physician, psychiatrist, psychologist, or other qualified
expert as may be needed for the court to determine the needs of the juvenile.
In the case of a juvenile adjudicated delinquent for committing an offense that
involves the possession, use, sale, or delivery of alcohol or a controlled
substance, the court shall require the juvenile to be tested for the use of
controlled substances or alcohol within 30 days of the adjudication. In the
case of any juvenile adjudicated delinquent, the court may, if it deems it
necessary, require the juvenile to be tested for the use of controlled
substances or alcohol. The results of these initial tests conducted pursuant to
this subsection shall be used for evaluation and treatment purposes only. In
placing a juvenile in out-of-home care under this section, the court shall also
consider whether it is in the juvenile's best interest to remain in the
juvenile's community of residence.

(b) Upon completion of the examination, the court
shall conduct a hearing to determine whether the juvenile is in need of
medical, surgical, psychiatric, psychological, or other evaluation or treatment
and who should pay the cost of the evaluation or treatment. The county manager,
or any other person who is designated by the chair of the board of county
commissioners, of the county of the juvenile's residence shall be notified of
the hearing, and allowed to be heard. If the court finds the juvenile to be in
need of medical, surgical, psychiatric, psychological, or other evaluation or
treatment, the court shall permit the parent, guardian, custodian, or other
responsible persons to arrange for evaluation or treatment. If the parent,
guardian, or custodian declines or is unable to make necessary arrangements,
the court may order the needed evaluation or treatment, surgery, or care, and
the court may order the parent to pay the cost of the care pursuant to Article
27 of this Chapter. If the court finds the parent is unable to pay the cost of
evaluation or treatment, the court shall order the county to arrange for
evaluation or treatment of the juvenile and to pay for the cost of the
evaluation or treatment. The county department of social services shall recommend
the facility that will provide the juvenile with evaluation or treatment.

(c) If the court believes, or if there is evidence
presented to the effect that the juvenile is mentally ill or is developmentally
disabled, the court shall refer the juvenile to the area mental health,
developmental disabilities, and substance abuse services director for
appropriate action. A juvenile shall not be committed directly to a State
hospital or mental retardation center; and orders purporting to commit a
juvenile directly to a State hospital or mental retardation center except for
an examination to determine capacity to proceed shall be void and of no effect.
The area mental health, developmental disabilities, and substance abuse
director shall be responsible for arranging an interdisciplinary evaluation of
the juvenile and mobilizing resources to meet the juvenile's needs. If
institutionalization is determined to be the best service for the juvenile,
admission shall be with the voluntary consent of the parent, guardian, or
custodian. If the parent, guardian, or custodian refuses to consent to a mental
hospital or retardation center admission after such institutionalization is
recommended by the area mental health, developmental disabilities, and
substance abuse director, the signature and consent of the court may be
substituted for that purpose. In all cases in which a regional mental hospital
refuses admission to a juvenile referred for admission by the court and an area
mental health, developmental disabilities, and substance abuse director or
discharges a juvenile previously admitted on court referral prior to completion
of the juvenile's treatment, the hospital shall submit to the court a written
report setting out the reasons for denial of admission or discharge and setting
out the juvenile's diagnosis, indications of mental illness, indications of
need for treatment, and a statement as to the location of any facility known to
have a treatment program for the juvenile in question. (1979, c. 815, s. 1; 1981, c. 469, s. 19; 1985, c. 589, s.
5; c. 777, s. 1; 1985 (Reg. Sess., 1986), c. 863, s. 2; 1991, c. 636, s. 19(a);
1995 (Reg. Sess., 1996), c. 609, s. 3; 1997-516, s. 1A; 1998-202, s. 6; 1998-229,
s. 6; 2002-164, s. 4.9.)

§ 7B-2503. Dispositional alternatives for undisciplined
juveniles.

The following alternatives for disposition shall be available
to the court exercising jurisdiction over a juvenile who has been adjudicated
undisciplined. In placing a juvenile in out-of-home care under this section,
the court shall also consider whether it is in the juvenile's best interest to
remain in the juvenile's community of residence. The court may combine any of
the applicable alternatives when the court finds it to be in the best interests
of the juvenile:

(1) In the case of any juvenile who needs more adequate
care or supervision or who needs placement, the judge may:

a. Require that the juvenile be supervised in the
juvenile's own home by a department of social services in the juvenile's county
of residence, a juvenile court counselor, or other personnel as may be
available to the court, subject to conditions applicable to the parent,
guardian, or custodian or the juvenile as the judge may specify; or

b. Place the juvenile in the custody of a parent,
guardian, custodian, relative, private agency offering placement services, or
some other suitable person; or

c. If the director of the department of social
services has received notice and an opportunity to be heard, place the juvenile
in the custody of a department of social services in the county of the
juvenile's residence, or in the case of a juvenile who has legal residence
outside the State, in the physical custody of a department of social services
in the county where the juvenile is found so that agency may return the
juvenile to the responsible authorities in the juvenile's home state. An order
placing a juvenile in the custody or placement responsibility of a county
department of social services shall contain a finding that the juvenile's
continuation in the juvenile's own home would be contrary to the juvenile's
best interest. This placement shall be reviewed in accordance with G.S. 7B-906.1.
The director may, unless otherwise ordered by the judge, arrange for, provide,
or consent to, needed routine or emergency medical or surgical care or
treatment. In the case where the parent is unknown, unavailable, or unable to
act on behalf of the juvenile or juveniles, the director may, unless otherwise
ordered by the judge, arrange for, provide or consent to any psychiatric,
psychological, educational, or other remedial evaluations or treatment for the
juvenile placed by a judge or the judge's designee in the custody or physical
custody of a county department of social services under the authority of this
or any other Chapter of the General Statutes. Prior to exercising this
authority, the director shall make reasonable efforts to obtain consent from a
parent, guardian, or custodian of the affected juvenile. If the director cannot
obtain consent, the director shall promptly notify the parent, guardian, or
custodian that care or treatment has been provided and shall give the parent,
guardian, or custodian frequent status reports on the circumstances of the
juvenile. Upon request of a parent, guardian, or custodian of the affected
juvenile, the results or records of the aforementioned evaluations, findings,
or treatment shall be made available to the parent, guardian, or custodian by
the director unless prohibited by G.S. 122C-53(d).

(2) Place the juvenile under the protective supervision
of a juvenile court counselor for a period of up to three months, with an
extension of an additional three months in the discretion of the court.

(3) Excuse the juvenile from compliance with the
compulsory school attendance law when the court finds that suitable alternative
plans can be arranged by the family through other community resources for one
of the following:

a. An education related to the needs or abilities of
the juvenile including vocational education or special education;

The court may place a juvenile on protective supervision
pursuant to G.S. 7B-2503 so that the juvenile court counselor may (i) assist
the juvenile in securing social, medical, and educational services and (ii)
visit and work with the family as a unit to ensure the juvenile is provided
proper supervision and care. The court may impose any combination of the
following conditions of protective supervision that are related to the needs of
the juvenile, including:

(1) That the juvenile shall remain on good behavior and
not violate any laws;

(2) That the juvenile attend school regularly;

(3) That the juvenile maintain passing grades in up to
four courses during each grading period and meet with the juvenile court
counselor and a representative of the school to make a plan for how to maintain
those passing grades;

(4) That the juvenile not associate with specified
persons or be in specified places;

(5) That the juvenile abide by a prescribed curfew;

(6) That the juvenile report to a juvenile court
counselor as often as required by a juvenile court counselor;

(7) That the juvenile be employed regularly if not
attending school; and

(a) On motion of the juvenile court counselor or the
juvenile, or on the court's own motion, the court may review the progress of
any juvenile on protective supervision at any time during the period of
protective supervision. When the motion is filed during the period of
protective supervision and either alleges a violation of protective supervision
or seeks an extension of protective supervision as permitted by G.S. 7B-2503(2),
the court's review may occur within a reasonable time after the period of
protective supervision ends, and the court shall have jurisdiction to enter an
order under this section. The conditions or duration of protective supervision
may be modified only as provided in this Subchapter and only after notice and a
hearing.

(b) If the court, after notice and a hearing, finds by
the greater weight of the evidence that the juvenile has violated the conditions
of protective supervision set by the court, the court may do one or more of the
following:

(1) Continue or modify the conditions of protective
supervision.

(2) Order any disposition authorized by G.S. 7B-2503.

(3) Notwithstanding the time limitation in G.S. 7B-2503(2),
extend the period of protective supervision for up to three months. (1998-202, s. 6; 2001-490, s. 2.21; 2012-172, s. 5.)

§ 7B-2506. Dispositional alternatives for delinquent
juveniles.

The court exercising jurisdiction over a juvenile who has
been adjudicated delinquent may use the following alternatives in accordance
with the dispositional structure set forth in G.S. 7B-2508:

(1) In the case of any juvenile who needs more adequate
care or supervision or who needs placement, the judge may:

a. Require that a juvenile be supervised in the
juvenile's own home by the department of social services in the juvenile's
county, a juvenile court counselor, or other personnel as may be available to
the court, subject to conditions applicable to the parent, guardian, or
custodian or the juvenile as the judge may specify; or

b. Place the juvenile in the custody of a parent,
guardian, custodian, relative, private agency offering placement services, or
some other suitable person; or

c. If the director of the county department of social
services has received notice and an opportunity to be heard, place the juvenile
in the custody of the department of social services in the county of his
residence, or in the case of a juvenile who has legal residence outside the
State, in the physical custody of a department of social services in the county
where the juvenile is found so that agency may return the juvenile to the
responsible authorities in the juvenile's home state. An order placing a juvenile
in the custody or placement responsibility of a county department of social
services shall contain a finding that the juvenile's continuation in the
juvenile's own home would be contrary to the juvenile's best interest. This
placement shall be reviewed in accordance with G.S. 7B-906.1. The director may,
unless otherwise ordered by the judge, arrange for, provide, or consent to,
needed routine or emergency medical or surgical care or treatment. In the case
where the parent is unknown, unavailable, or unable to act on behalf of the
juvenile or juveniles, the director may, unless otherwise ordered by the judge,
arrange for, provide, or consent to any psychiatric, psychological,
educational, or other remedial evaluations or treatment for the juvenile placed
by a judge or his designee in the custody or physical custody of a county
department of social services under the authority of this or any other Chapter
of the General Statutes. Prior to exercising this authority, the director shall
make reasonable efforts to obtain consent from a parent, guardian, or custodian
of the affected juvenile. If the director cannot obtain consent, the director
shall promptly notify the parent, guardian, or custodian that care or treatment
has been provided and shall give the parent, guardian, or custodian frequent
status reports on the circumstances of the juvenile. Upon request of a parent,
guardian, or custodian of the affected juvenile, the results or records of the
aforementioned evaluations, findings, or treatment shall be made available to
the parent, guardian, or custodian by the director unless prohibited by G.S.
122C-53(d).

(2) Excuse the juvenile from compliance with the
compulsory school attendance law when the court finds that suitable alternative
plans can be arranged by the family through other community resources for one
of the following:

a. An education related to the needs or abilities of
the juvenile including vocational education or special education;

b. A suitable plan of supervision or placement; or

c. Some other plan that the court finds to be in the
best interests of the juvenile.

(3) Order the juvenile to cooperate with a community-based
program, an intensive substance abuse treatment program, or a residential or
nonresidential treatment program. Participation in the programs shall not
exceed 12 months.

(4) Require restitution, full or partial, up to five
hundred dollars ($500.00), payable within a 12-month period to any person who
has suffered loss or damage as a result of the offense committed by the
juvenile. The court may determine the amount, terms, and conditions of the
restitution. If the juvenile participated with another person or persons, all
participants should be jointly and severally responsible for the payment of
restitution; however, the court shall not require the juvenile to make
restitution if the juvenile satisfies the court that the juvenile does not
have, and could not reasonably acquire, the means to make restitution.

(5) Impose a fine related to the seriousness of the
juvenile's offense. If the juvenile has the ability to pay the fine, it shall
not exceed the maximum fine for the offense if committed by an adult.

(6) Order the juvenile to perform up to 100 hours
supervised community service consistent with the juvenile's age, skill, and
ability, specifying the nature of the work and the number of hours required.
The work shall be related to the seriousness of the juvenile's offense and in
no event may the obligation to work exceed 12 months.

(7) Order the juvenile to participate in the victim-offender
reconciliation program.

(8) Place the juvenile on probation under the
supervision of a juvenile court counselor, as specified in G.S. 7B-2510.

(9) Order that the juvenile shall not be licensed to
operate a motor vehicle in the State of North Carolina for as long as the court
retains jurisdiction over the juvenile or for any shorter period of time. The
clerk of court shall notify the Division of Motor Vehicles of that order.

(10) Impose a curfew upon the juvenile.

(11) Order that the juvenile not associate with specified
persons or be in specified places.

(12) Impose confinement on an intermittent basis in an
approved detention facility. Confinement shall be limited to not more than five
24-hour periods, the timing of which is determined by the court in its
discretion.

(13) Order the juvenile to cooperate with placement in a
wilderness program.

(14) Order the juvenile to cooperate with placement in a
residential treatment facility, an intensive nonresidential treatment program,
an intensive substance abuse program, or in a group home other than a
multipurpose group home operated by a State agency.

(15) Place the juvenile on intensive probation under the
supervision of a juvenile court counselor.

(16) Order the juvenile to cooperate with a supervised
day program requiring the juvenile to be present at a specified place for all
or part of every day or of certain days. In determining whether to order a
juvenile to a particular supervised day program, the court shall consider the
structure and operations of the program and whether that program will meet the
needs of the juvenile. The court also may require the juvenile to comply with
any other reasonable conditions specified in the dispositional order that are
designed to facilitate supervision.

(17) Order the juvenile to participate in a regimented
training program.

(18) Order the juvenile to submit to house arrest.

(19) Suspend imposition of a more severe, statutorily
permissible disposition with the provision that the juvenile meet certain
conditions agreed to by the juvenile and specified in the dispositional order.
The conditions shall not exceed the allowable dispositions for the level under
which disposition is being imposed.

(20) Order that the juvenile be confined in an approved
juvenile detention facility for a term of up to 14 24-hour periods, which
confinement shall not be imposed consecutively with intermittent confinement
pursuant to subdivision (12) of this section at the same dispositional hearing.
The timing of this confinement shall be determined by the court in its
discretion.

(21) Order the residential placement of a juvenile in a
multipurpose group home operated by a State agency.

(22) Require restitution of more than five hundred dollars
($500.00), full or partial, payable within a 12-month period to any person who
has suffered loss or damage as a result of an offense committed by the
juvenile. The court may determine the amount, terms, and conditions of
restitution. If the juvenile participated with another person or persons, all
participants should be jointly and severally responsible for the payment of the
restitution; however, the court shall not require the juvenile to make
restitution if the juvenile satisfies the court that the juvenile does not
have, and could not reasonably acquire, the means to make restitution.

(23) Order the juvenile to perform up to 200 hours
supervised community service consistent with the juvenile's age, skill, and
ability, specifying the nature of work and the number of hours required. The
work shall be related to the seriousness of the juvenile's offense.

(a) Generally. - The delinquency history level for a
delinquent juvenile is determined by calculating the sum of the points assigned
to each of the juvenile's prior adjudications and to the juvenile's probation
status, if any, that the court finds to have been proved in accordance with
this section.

(b) Points. - Points are assigned as follows:

(1) For each prior adjudication of a Class A through E
felony offense, 4 points.

(2) For each prior adjudication of a Class F through I
felony offense or Class A1 misdemeanor offense, 2 points.

(3) For each prior adjudication of a Class 1, 2, or 3
misdemeanor offense, 1 point.

(4) If the juvenile was on probation at the time of
offense, 2 points.

No points shall be assigned for a prior adjudication that a
juvenile is in direct contempt of court or indirect contempt of court.

(c) Delinquency History Levels. - The delinquency
history levels are:

(1) Low - No more than 1 point.

(2) Medium - At least 2, but not more than 3 points.

(3) High - At least 4 points.

In determining the delinquency history level, the
classification of a prior offense is the classification assigned to that
offense at the time the juvenile committed the offense for which disposition is
being ordered.

(d) Multiple Prior Adjudications Obtained in One Court
Session. - For purposes of determining the delinquency history level, if a
juvenile is adjudicated delinquent for more than one offense in a single
session of district court, only the adjudication for the offense with the
highest point total is used.

(e) Classification of Prior Adjudications From Other
Jurisdictions. - Except as otherwise provided in this subsection, an
adjudication occurring in a jurisdiction other than North Carolina is
classified as a Class I felony if the jurisdiction in which the offense
occurred classifies the offense as a felony, or is classified as a Class 3
misdemeanor if the jurisdiction in which the offense occurred classifies the
offense as a misdemeanor. If the juvenile proves by the preponderance of the
evidence that an offense classified as a felony in the other jurisdiction is
substantially similar to an offense that is a misdemeanor in North Carolina,
the conviction is treated as that class of misdemeanor for assigning
delinquency history level points. If the State proves by the preponderance of
the evidence that an offense classified as either a misdemeanor or a felony in
the other jurisdiction is substantially similar to an offense in North Carolina
that is classified as a Class I felony or higher, the conviction is treated as
that class of felony for assigning delinquency history level points. If the
State proves by the preponderance of the evidence that an offense classified as
a misdemeanor in the other jurisdiction is substantially similar to an offense
classified as a Class A1 misdemeanor in North Carolina, the adjudication is
treated as a Class A1 misdemeanor for assigning delinquency history level
points.

(f) Proof of Prior Adjudications. - A prior
adjudication shall be proved by any of the following methods:

(1) Stipulation of the parties.

(2) An original or copy of the court record of the
prior adjudication.

(3) A copy of records maintained by the Department of
Public Safety or by the Division.

(4) Any other method found by the court to be reliable.

The State bears the burden of proving, by a preponderance of
the evidence, that a prior adjudication exists and that the juvenile before the
court is the same person as the juvenile named in the prior adjudication. The
original or a copy of the court records or a copy of the records maintained by
the Department of Public Safety or of the Division, bearing the same name as
that by which the juvenile is charged, is prima facie evidence that the
juvenile named is the same person as the juvenile before the court, and that
the facts set out in the record are true. For purposes of this subsection,
"a copy" includes a paper writing containing a reproduction of a
record maintained electronically on a computer or other data processing
equipment, and a document produced by a facsimile machine. The prosecutor shall
make all feasible efforts to obtain and present to the court the juvenile's
full record. Evidence presented by either party at trial may be utilized to
prove prior adjudications. If asked by the juvenile, the prosecutor shall
furnish the juvenile's prior adjudications to the juvenile within a reasonable
time sufficient to allow the juvenile to determine if the record available to
the prosecutor is accurate. (1998-202, s. 6; 2000-137,
s. 3; 2007-168, s. 5; 2011-145, s. 19.1(l); 2014-100, s. 17.1(q).)

§ 7B-2508. Dispositional limits for each class of offense
and delinquency history level.

(a) Offense Classification. - The offense
classifications are as follows:

(1) Violent - Adjudication of a Class A through E
felony offense;

(2) Serious - Adjudication of a Class F through I
felony offense or a Class A1 misdemeanor;

(3) Minor - Adjudication of a Class 1, 2, or 3
misdemeanor or adjudication of indirect contempt by a juvenile.

(b) Delinquency History Levels. - A delinquency
history level shall be determined for each delinquent juvenile as provided in
G.S. 7B-2507.

(c) Level 1 - Community Disposition. - A court
exercising jurisdiction over a juvenile who has been adjudicated delinquent and
for whom the dispositional chart in subsection (f) of this section prescribes a
Level 1 disposition may provide for evaluation and treatment under G.S. 7B-2502
and for any of the dispositional alternatives contained in subdivisions (1)
through (13) and (16) of G.S. 7B-2506. In determining which dispositional
alternative is appropriate, the court shall consider the needs of the juvenile
as indicated by the risk and needs assessment contained in the predisposition
report, the appropriate community resources available to meet those needs, and
the protection of the public.

(d) Level 2 - Intermediate Disposition. - A court
exercising jurisdiction over a juvenile who has been adjudicated delinquent and
for whom the dispositional chart in subsection (f) of this section prescribes a
Level 2 disposition may provide for evaluation and treatment under G.S. 7B-2502
and for any of the dispositional alternatives contained in subdivisions (1)
through (23) of G.S. 7B-2506, but shall provide for at least one of the
intermediate dispositions authorized in subdivisions (13) through (23) of G.S.
7B-2506. However, notwithstanding any other provision of this section, a court
may impose a Level 3 disposition if the juvenile has previously received a
Level 3 disposition in a prior juvenile action. In determining which
dispositional alternative is appropriate, the court shall consider the needs of
the juvenile as indicated by the risk and needs assessment contained in the
predisposition report, the appropriate community resources available to meet
those needs, and the protection of the public.

(e) Level 3 - Commitment. - A court exercising
jurisdiction over a juvenile who has been adjudicated delinquent and for whom
the dispositional chart in subsection (f) of this section prescribes a Level 3
disposition shall commit the juvenile to the Division for placement in a youth
development center in accordance with G.S. 7B-2506(24). However, a court may
impose a Level 2 disposition rather than a Level 3 disposition if the court
submits written findings on the record that substantiate extraordinary needs on
the part of the offending juvenile.

(f) Dispositions for Each Class of Offense and
Delinquency History Level; Disposition Chart Described. - The authorized
disposition for each class of offense and delinquency history level is as
specified in the chart below. Delinquency history levels are indicated
horizontally on the top of the chart. Classes of offense are indicated
vertically on the left side of the chart. Each cell on the chart indicates
which of the dispositional levels described in subsections (c) through (e) of
this section are prescribed for that combination of offense classification and
delinquency history level:

DELINQUENCY HISTORY
OFFENSE

LOW MEDIUM HIGH

VIOLENT Level
2 or 3 Level 3 Level 3

SERIOUS Level
1 or 2 Level 2 Level 2 or 3

MINOR Level
1 Level 1 or 2 Level 2.

(g) Notwithstanding subsection (f) of this section, a
juvenile who has been adjudicated for a minor offense may be committed to a
Level 3 disposition if the juvenile has been adjudicated of four or more prior
offenses. For purposes of determining the number of prior offenses under this
subsection, each successive offense is one that was committed after
adjudication of the preceding offense.

(h) If a juvenile is adjudicated of more than one
offense during a session of juvenile court, the court shall consolidate the
offenses for disposition and impose a single disposition for the consolidated
offenses. The disposition shall be specified for the class of offense and
delinquency history level of the most serious offense. (1998-202, s. 6; 2000-137, s. 3; 2001-95, s. 5; 2001-179,
s. 1; 2007-168, s. 6; 2011-145, s. 19.1(l).)

§ 7B-2509. Registration of certain delinquent juveniles.

In any case in which a juvenile, who was at least 11 years of
age at the time of the offense, is adjudicated delinquent for committing a
violation of G.S. 14-27.2 (first-degree rape), G.S. 14-27.3 (second degree rape),
G.S. 14-27.4 (first-degree sexual offense), G.S. 14-27.5 (second degree sexual
offense), or G.S. 14-27.6 (attempted rape or sexual offense), the judge, upon a
finding that the juvenile is a danger to the community, may order that the
juvenile register in accordance with Part 4 of Article 27A of Chapter 14 of the
General Statutes. (1997-516, s. 1A; 1998-202, s. 11.)

§ 7B-2510. Conditions of probation; violation of probation.

(a) In any case where a juvenile is placed on
probation pursuant to G.S. 7B-2506(8), the juvenile court counselor shall have
the authority to visit the juvenile where the juvenile resides. The court may
impose conditions of probation that are related to the needs of the juvenile
and that are reasonably necessary to ensure that the juvenile will lead a law-abiding
life, including:

(1) That the juvenile shall remain on good behavior.

(2) That the juvenile shall not violate any laws.

(3) That the juvenile shall not violate any reasonable
and lawful rules of a parent, guardian, or custodian.

(4) That the juvenile attend school regularly.

(5) That the juvenile maintain passing grades in up to
four courses during each grading period and meet with the juvenile court
counselor and a representative of the school to make a plan for how to maintain
those passing grades.

(6) That the juvenile not associate with specified
persons or be in specified places.

(7) That the juvenile:

a. Refrain from use or possession of any controlled
substance included in any schedule of Article 5 of Chapter 90 of the General
Statutes, the Controlled Substances Act;

b. Refrain from use or possession of any alcoholic
beverage regulated under Chapter 18B of the General Statutes; and

c. Submit to random drug testing.

(8) That the juvenile abide by a prescribed curfew.

(9) That the juvenile submit to a warrantless search at
reasonable times.

(10) That the juvenile possess no firearm, explosive
device, or other deadly weapon.

(11) That the juvenile report to a juvenile court
counselor as often as required by the juvenile court counselor.

(12) That the juvenile make specified financial
restitution or pay a fine in accordance with G.S. 7B-2506(4), (5), and (22).

(13) That the juvenile be employed regularly if not
attending school.

(14) That the juvenile satisfy any other conditions
determined appropriate by the court.

(b) In addition to the regular conditions of probation
specified in subsection (a) of this section, the court may, at a dispositional
hearing or any subsequent hearing, order the juvenile to comply, if directed to
comply by the chief court counselor, with one or more of the following
conditions:

(1) Perform up to 20 hours of community service;

(2) Submit to substance abuse monitoring and treatment;

(3) Participate in a life skills or an educational
skills program administered by the Division;

(4) Cooperate with electronic monitoring; and

(5) Cooperate with intensive supervision.

However, the court shall not give the chief court counselor
discretion to impose the conditions of either subsection (4) or (5) of this
section unless the juvenile is subject to Level 2 dispositions pursuant to G.S.
7B-2508 or subsection (d) of this section.

(c) An order of probation shall remain in force for a
period not to exceed one year from the date entered. Prior to expiration of an
order of probation, the court may extend it for an additional period of one
year after a hearing, if the court finds that the extension is necessary to
protect the community or to safeguard the welfare of the juvenile.

(d) On motion of the juvenile court counselor or the
juvenile, or on the court's own motion, the court may review the progress of
any juvenile on probation at any time during the period of probation or at the
end of probation. The conditions or duration of probation may be modified only
as provided in this Subchapter and only after notice and a hearing.

(e) If the court, after notice and a hearing, finds by
the greater weight of the evidence that the juvenile has violated the
conditions of probation set by the court, the court may continue the original
conditions of probation, modify the conditions of probation, or, except as
provided in subsection (f) of this section, order a new disposition at the next
higher level on the disposition chart in G.S. 7B-2508. In the court's
discretion, part of the new disposition may include an order of confinement in
a secure juvenile detention facility for up to twice the term authorized by
G.S. 7B-2508.

At the end of or at any time during probation, the court may
terminate probation by written order upon finding that there is no further need
for supervision. The finding and order terminating probation may be entered in
chambers in the absence of the juvenile and may be based on a report from the
juvenile court counselor or, at the election of the court, the order may be
entered with the juvenile present after notice and a hearing. (1979, c. 815, s. 1; 1998-202, s. 6; 2001-490, s. 2.25.)

§ 7B-2512. Dispositional order.

The dispositional order shall be in writing and shall contain
appropriate findings of fact and conclusions of law. The court shall state with
particularity, both orally and in the written order of disposition, the precise
terms of the disposition including the kind, duration, and the person who is
responsible for carrying out the disposition and the person or agency in whom
custody is vested. (1979, c. 815, s. 1; 1987 (Reg.
Sess., 1988), c. 1090, s. 10; 1991, c. 434, s. 1; 1997-390, s. 8; 1998-202, s.
6; 1998-229, s. 7.)

§ 7B-2513. Commitment of delinquent juvenile to Division.

(a) Pursuant to G.S. 7B-2506 and G.S. 7B-2508, the
court may commit a delinquent juvenile who is at least 10 years of age to the
Division for placement in a youth development center. Commitment shall be for
an indefinite term of at least six months. In no event shall the term exceed:

(1) The twenty-first birthday of the juvenile if the
juvenile has been committed to the Division for an offense that would be first-degree
murder pursuant to G.S. 14-17, first-degree rape pursuant to G.S. 14-27.2, or
first-degree sexual offense pursuant to G.S. 14-27.4 if committed by an adult;

(2) The nineteenth birthday of the juvenile if the
juvenile has been committed to the Division for an offense that would be a
Class B1, B2, C, D, or E felony if committed by an adult, other than an offense
set forth in subdivision (1) of this subsection; or

(3) The eighteenth birthday of the juvenile if the
juvenile has been committed to the Division for an offense other than an
offense that would be a Class A, B1, B2, C, D, or E felony if committed by an
adult.

No juvenile shall be committed to a youth development center
beyond the minimum six-month commitment for a period of time in excess of the
maximum term of imprisonment for which an adult in prior record level VI for
felonies or in prior conviction level III for misdemeanors could be sentenced
for the same offense, except when the Division pursuant to G.S. 7B-2515
determines that the juvenile's commitment needs to be continued for an
additional period of time to continue care or treatment under the plan of care
or treatment developed under subsection (f) of this section. At the time of
commitment to a youth development center, the court shall determine the maximum
period of time the juvenile may remain committed before a determination must be
made by the Division pursuant to G.S. 7B-2515 and shall notify the juvenile of
that determination.

(b) The court may commit a juvenile to a definite term
of not less than six months and not more than two years if the court finds that
the juvenile is 14 years of age or older, has been previously adjudicated
delinquent for two or more felony offenses, and has been previously committed
to a youth development center.

(c) The chief court counselor shall have the
responsibility for transporting the juvenile to the youth development center
designated by the Division. The juvenile shall be accompanied to the youth
development center by a person of the same sex.

(d) The chief court counselor shall ensure that the
records requested by the Division accompany the juvenile upon transportation
for admittance to a youth development center or, if not obtainable at the time
of admission, are sent to the youth development center within 15 days of the
admission. If records requested by the Division for admission do not exist, to
the best knowledge of the chief court counselor, the chief court counselor
shall so stipulate in writing to the youth development center. If such records
do exist, but the chief court counselor is unable to obtain copies of them, a
district court may order that the records from public agencies be made
available to the youth development center. Records that are confidential by law
shall remain confidential and the Division shall be bound by the specific laws
governing the confidentiality of these records. All records shall be used in a
manner consistent with the best interests of the juvenile.

(e) A commitment order accompanied by information
requested by the Division shall be forwarded to the Division. The Division
shall place the juvenile in the youth development center that would best
provide for the juvenile's needs and shall notify the committing court. The
Division may assign a juvenile committed for delinquency to any institution of
the Division or licensed by the Division, which program is appropriate to the
needs of the juvenile.

The Division, after assessment of the juvenile, may provide
commitment services to the juvenile in a program not located in a youth
development center or detention facility. If the Division recommends that
commitment services for the juvenile are to be provided in a setting that is
not located in a youth development center or detention facility, the Division
shall file a motion, along with information about the recommended services for
the juvenile, with the committing court prior to placing the juvenile in the
identified commitment program. The Division shall send notice of the motion to
the District Attorney, the juvenile, and the juvenile's attorney. Upon receipt
of the motion filed by the Division, the court may enter an order without the
appearance of witnesses and without hearing if the court determines that the
identified commitment program is appropriate and a hearing is not necessary.
The court must hold a hearing if the juvenile or the juvenile's attorney
requests a hearing. If the court notifies the Division of its intent to hold a
hearing, the date for that hearing shall be set by the court and the Division
shall place the juvenile in a youth development center or detention facility
until the determination of the court at that hearing.

(f) When the court commits a juvenile to the Division
for placement in a youth development center, the Division shall prepare a plan
for care or treatment within 30 days after assuming custody of the juvenile.

(g) Commitment of a juvenile to the Division for
placement in a youth development center does not terminate the court's
continuing jurisdiction over the juvenile and the juvenile's parent, guardian,
or custodian. Commitment of a juvenile to the Division for placement in a youth
development center transfers only physical custody of the juvenile. Legal
custody remains with the parent, guardian, custodian, agency, or institution in
whom it was vested.

(h) Pending placement of a juvenile with the Division,
the court may house a juvenile who has been adjudicated delinquent for an
offense that would be a Class A, B1, B2, C, D, or E felony if committed by an
adult in a holdover facility up to 72 hours if the court, based on the
information provided by the juvenile court counselor, determines that no
acceptable alternative placement is available and the protection of the public
requires that the juvenile be housed in a holdover facility.

(i) A juvenile who is committed to the Division for
placement in a youth development center shall be tested for the use of
controlled substances or alcohol. The results of this initial test shall be
incorporated into the plan of care as provided in subsection (f) of this
section and used for evaluation and treatment purposes only.

(j) When a juvenile is committed to the Division for
placement in a youth development center for an offense that would have been a
Class A or B1 felony if committed by an adult, the chief court counselor shall
notify the victim and members of the victim's immediate family that the victim,
or the victim's immediate family members may request in writing to be notified
in advance of the juvenile's scheduled release date in accordance with G.S. 7B-2514(d).
(1979, c. 815, s. 1; 1983, c. 133, s. 2; 1987, c.
100; c. 372; 1991, c. 434, ss. 2, 3; 1995 (Reg. Sess., 1996), c. 609, s. 2;
1997-443, s. 11A.118(a); 1998-202, s. 6; 1999-423, s. 1; 2000-137, s. 3; 2001-95,
s. 5; 2001-490, s. 2.26; 2003-53, s. 1; 2011-145, s. 19.1(l).)

§ 7B-2514. Post-release supervision planning; release.

(a) The Division shall be responsible for evaluation
of the progress of each juvenile at least once every six months as long as the
juvenile remains in the care of the Division. Any determination that the
juvenile should remain in the care of the Division for an additional period of
time shall be based on the Division's determination that the juvenile requires
additional treatment or rehabilitation pursuant to G.S. 7B-2515. If the
Division determines that a juvenile is ready for release, the Division shall
initiate a post-release supervision planning process. The post-release
supervision planning process shall be defined by rules and regulations of the
Division, but shall include the following:

(1) Written notification shall be given to the court
that ordered commitment.

(2) A post-release supervision planning conference
shall be held involving as many as possible of the following: the juvenile, the
juvenile's parent, guardian, or custodian, juvenile court counselors who have
supervised the juvenile on probation or will supervise the juvenile on post-release
supervision, and staff of the facility that found the juvenile ready for
release. The planning conference shall include personal contact and evaluation
rather than telephonic notification.

(3) The planning conference participants shall
consider, based on the individual needs of the juvenile and pursuant to rules
adopted by the Division, placement of the juvenile in any program under the
auspices of the Division, including the juvenile court services programs that,
in the judgment of the Division, would be appropriate transitional placement,
pending release under G.S. 7B-2513.

(b) The Division shall develop the plan in writing and
base the terms on the needs of the juvenile and the protection of the public.
Every plan shall require the juvenile to complete at least 90 days, but not
more than one year, of post-release supervision.

(c) The Division shall release a juvenile under a plan
of post-release supervision at least 90 days prior to:

(1) Completion of the juvenile's definite term of
commitment; or

(2) The juvenile's twenty-first birthday if the
juvenile has been committed to the Division for an offense that would be first-degree
murder pursuant to G.S. 14-17, first-degree rape pursuant to G.S. 14-27.2, or
first-degree sexual offense pursuant to G.S. 14-27.4 if committed by an adult.

(3) The juvenile's nineteenth birthday if the juvenile
has been committed to the Division for an offense that would be a Class B1, B2,
C, D, or E felony if committed by an adult, other than an offense set forth in
G.S. 7B-1602(a).

(4) The juvenile's eighteenth birthday if the juvenile
has been committed to the Division for an offense other than an offense that
would be a Class A, B1, B2, C, D, or E felony if committed by an adult.

(d) Notwithstanding Articles 30 and 31 of Subchapter
III of this Chapter, at least 45 days before releasing to post-release
supervision a juvenile who was committed for a Class A or B1 felony, the
Division shall notify, by first-class mail at the last known address:

(1) The juvenile;

(2) The juvenile's parent, guardian, or custodian;

(3) The district attorney of the district where the
juvenile was adjudicated;

(4) The head of the enforcement agency that took the
juvenile into custody; and

(5) The victim and any of the victim's immediate family
members who have requested in writing to be notified.

The notification shall include only the juvenile's name,
offense, date of commitment, and date proposed for release. A copy of the
notice shall be sent to the appropriate clerk of superior court for placement
in the juvenile's court file.

(e) The Division may release a juvenile under an
indefinite commitment to post-release supervision only after the juvenile has
been committed to the Division for placement in a youth development center for
a period of at least six months.

(f) A juvenile committed to the Division for placement
in a youth development center for a definite term shall receive credit toward
that term for the time the juvenile spends on post-release supervision.

(a) In determining whether a juvenile should be
released before the juvenile's 18th birthday, the Division shall consider the
protection of the public and the likelihood that continued placement will lead
to further rehabilitation. If the Division does not intend to release the
juvenile prior to the juvenile's eighteenth birthday, or if the Division determines
that the juvenile's commitment should be continued beyond the maximum
commitment period as set forth in G.S. 7B-2513(a), the Division shall notify
the juvenile and the juvenile's parent, guardian, or custodian in writing at
least 30 days in advance of the juvenile's eighteenth birthday or the end of
the maximum commitment period, of the additional specific commitment period
proposed by the Division, the basis for extending the commitment period, and
the plan for future care or treatment.

(b) The Division shall modify the plan of care or
treatment developed pursuant to G.S. 7B-2513(f) to specify (i) the specific
goals and outcomes that require additional time for care or treatment of the
juvenile; (ii) the specific course of treatment or care that will be
implemented to achieve the established goals and outcomes; and (iii) the
efforts that will be taken to assist the juvenile's family in creating an
environment that will increase the likelihood that the efforts to treat and
rehabilitate the juvenile will be successful upon release. If appropriate, the
Division may place the juvenile in a setting other than a youth development
center.

(c) The juvenile and the juvenile's parent, guardian,
or custodian may request a review by the court of the Division's decision to
extend the juvenile's commitment beyond the juvenile's eighteenth birthday or
maximum commitment period, in which case the court shall conduct a review
hearing. The court may modify the Division's decision and the juvenile's
maximum commitment period. If the juvenile or the juvenile's parent, guardian,
or custodian does not request a review of the Division's decision, the
Division's decision shall become the juvenile's new maximum commitment period. (1998-202, s. 6; 1998-217, s. 57(1); 2000-137, s. 3; 2001-95,
s. 5; 2011-145, s. 19.1(l).)

§ 7B-2516. Revocation of post-release supervision.

(a) On motion of the juvenile court counselor
providing post-release supervision or motion of the juvenile, or on the court's
own motion, and after notice, the court may hold a hearing to review the
progress of any juvenile on post-release supervision at any time during the
period of post-release supervision. With respect to any hearing involving
allegations that the juvenile has violated the terms of post-release
supervision, the juvenile:

(1) Shall have reasonable notice in writing of the
nature and content of the allegations in the motion, including notice that the
purpose of the hearing is to determine whether the juvenile has violated the
terms of post-release supervision to the extent that post-release supervision
should be revoked;

(2) Shall be represented by an attorney at the hearing;

(3) Shall have the right to confront and cross-examine
witnesses; and

(4) May admit, deny, or explain the violation alleged
and may present proof, including affidavits or other evidence, in support of
the juvenile's contentions. A record of the proceeding shall be made and preserved
in the juvenile's record.

(b) If the court determines by the greater weight of
the evidence that the juvenile has violated the terms of post-release
supervision, the court may revoke the post-release supervision or make any
other disposition authorized by this Subchapter.

(c) If the court revokes post-release supervision, the
juvenile shall be returned to the Division for placement in a youth development
center for an indefinite term of at least 90 days, provided, however, that no
juvenile shall remain committed to the Division for placement in a youth
development center past:

(1) The juvenile's twenty-first birthday if the
juvenile has been committed to the Division for an offense that would be first-degree
murder pursuant to G.S. 14-17, first-degree rape pursuant to G.S. 14-27.2, or
first-degree sexual offense pursuant to G.S. 14-27.4 if committed by an adult.

(2) The juvenile's nineteenth birthday if the juvenile
has been committed to the Division for an offense that would be a Class B1, B2,
C, D, or E felony if committed by an adult, other than an offense set forth in
G.S. 7B-1602(a).

(3) The juvenile's eighteenth birthday if the juvenile
has been committed to the Division for an offense other than an offense that
would be a Class A, B1, B2, C, D, or E felony if committed by an adult. (1979, c. 815, s. 1; 1998-202, s. 6; 2000-137, s.3; 2001-95,
s. 5; 2001-490, s. 2.29; 2011-145, s. 19.1(l).)

§ 7B-2517. Transfer authority of Governor.

The Governor may order transfer of any person less than 18
years of age from any jail or penal facility of the State to one of the
residential facilities operated by the Division in appropriate circumstances,
provided the Governor shall consult with the Division concerning the
feasibility of the transfer in terms of available space, staff, and suitability
of program.

When an inmate, committed to the Division of Adult Correction
of the Department of Public Safety, is transferred by the Governor to a
residential program operated by the Division, the Division may release the juvenile
based on the needs of the juvenile and the best interests of the State.
Transfer shall not divest the probation or parole officer of the officer's
responsibility to supervise the inmate on release. (1979,
c. 815, s. 1; 1997-443, s. 11A.118(a); 1998-202, s. 6; 2000-137, s. 3; 2011-145,
ss. 19.1(h), (l).)

Article 26.

Modification and Enforcement of Dispositional Orders;
Appeals.

§ 7B-2600. Authority to modify or vacate.

(a) Upon motion in the cause or petition, and after
notice, the court may conduct a review hearing to determine whether the order
of the court is in the best interests of the juvenile, and the court may modify
or vacate the order in light of changes in circumstances or the needs of the
juvenile.

(b) In a case of delinquency, the court may reduce the
nature or the duration of the disposition on the basis that it was imposed in
an illegal manner or is unduly severe with reference to the seriousness of the
offense, the culpability of the juvenile, or the dispositions given to
juveniles convicted of similar offenses.

(c) In any case where the court finds the juvenile to
be delinquent or undisciplined, the jurisdiction of the court to modify any
order or disposition made in the case shall continue (i) during the minority of
the juvenile, (ii) until the juvenile reaches the age of 19 years if the
juvenile has been adjudicated delinquent and committed to the Division for an
offense that would be a Class B1, B2, C, D, or E felony if committed by an
adult, other than an offense set forth in G.S. 7B-1602(a), (iii) until the
juvenile reaches the age of 21 years if the juvenile has been adjudicated
delinquent and committed for an offense that would be first-degree murder
pursuant to G.S. 14-17, first-degree rape pursuant to G.S. 14-27.2, or first-degree
sexual offense pursuant to G.S. 14-27.4 if committed by an adult, or (iv) until
terminated by order of the court. (1979, c. 815, s.
1; 1998-202, s. 6; 2000-137, s. 3; 2011-145, s. 19.1(l).)

§ 7B-2601. Request for modification for lack of suitable
services.

If the Division finds that any juvenile committed to the
Division's care is not suitable for its program, the Division may make a motion
in the cause so that the court may make an alternative disposition that is
consistent with G.S. 7B-2508. (1979, c. 815, s. 1;
1998-202, s. 6; 2000-137, s. 3; 2011-145, s. 19.1(l).)

§ 7B-2602. Right to appeal.

Upon motion of a proper party as defined in G.S. 7B-2604,
review of any final order of the court in a juvenile matter under this Article
shall be before the Court of Appeals. Notice of appeal shall be given in open
court at the time of the hearing or in writing within 10 days after entry of
the order. However, if no disposition is made within 60 days after entry of the
order, written notice of appeal may be given within 70 days after such entry. A
final order shall include:

(1) Any order finding absence of jurisdiction;

(2) Any order which in effect determines the action and
prevents a judgment from which appeal might be taken;

(3) Any order of disposition after an adjudication that
a juvenile is delinquent or undisciplined; or

(a) Notwithstanding G.S. 7B-2602, any order
transferring jurisdiction of the district court in a juvenile matter to the
superior court may be appealed to the superior court for a hearing on the
record. Notice of the appeal must be given in open court or in writing within
10 days after entry of the order of transfer in district court. Entry of an
order shall be treated in the same manner as entry of a judgment under G.S. 1A-1,
Rule 58 of the North Carolina Rules of Civil Procedure. The clerk of superior
court shall provide the district attorney with a copy of any written notice of
appeal filed by the attorney for the juvenile. Upon expiration of the 10 day
period in which an appeal may be entered, if an appeal has been entered and not
withdrawn, the clerk shall transfer the case to the superior court docket. The
superior court shall, within a reasonable time, review the record of the
transfer hearing for abuse of discretion by the juvenile court in the issue of
transfer. The superior court shall not review the findings as to probable cause
for the underlying offense.

(b) Once an order of transfer has been entered by the
district court, the juvenile has the right to be considered for pretrial
release as provided in G.S. 15A-533 and G.S. 15A-534. The release order shall
specify the person or persons to whom the juvenile may be released. Pending
release, the court shall order that the juvenile be detained in a detention
facility while awaiting trial. The court may order the juvenile to be held in a
holdover facility as defined by G.S. 7B-1501 at any time the presence of the
juvenile is required in court for pretrial hearings or trial, if the court
finds that it would be inconvenient to return the juvenile to the detention
facility.

(c) If an appeal of the transfer order is taken, the
superior court shall enter an order either (i) remanding the case to the
juvenile court for adjudication or (ii) upholding the transfer order. If the
superior court remands the case to juvenile court for adjudication and the
juvenile has been granted pretrial release provided in G.S 15A-533 and G.S. 15A-534,
the obligor shall be released from the juvenile's bond upon the district
court's review of whether the juvenile shall be placed in secure or nonsecure
custody as provided in G.S. 7B-1903.

(d) The superior court order shall be an interlocutory
order, and the issue of transfer may be appealed to the Court of Appeals only
after the juvenile has been convicted in superior court. (1979, c. 815, s. 1; 1998-202, s. 6; 1999-309, s. 2; 1999-423,
s. 2.)

§ 7B-2604. Proper parties for appeal.

(a) An appeal may be taken by the juvenile, the
juvenile's parent, guardian, or custodian, a county, or the State.

(b) The State's appeal is limited to the following
orders in delinquency or undisciplined cases:

(1) An order finding a State statute to be
unconstitutional; and

(2) Any order which terminates the prosecution of a
petition by upholding the defense of double jeopardy, by holding that a cause
of action is not stated under a statute, or by granting a motion to suppress.

(c) A county's appeal is limited to orders in which
the county has been ordered to pay for medical, surgical, psychiatric,
psychological, or other evaluation or treatment of a juvenile pursuant to G.S.
7B-2502, or other medical, psychiatric, psychological, or other evaluation or
treatment of a parent pursuant to G.S. 7B-2702. (1979,
c. 815, s. 1; 1998-202, s. 6; 2003-171, s. 1.)

§ 7B-2605. Disposition pending appeal.

Pending disposition of an appeal, the release of the
juvenile, with or without conditions, should issue in every case unless the
court orders otherwise. For compelling reasons which must be stated in writing,
the court may enter a temporary order affecting the custody or placement of the
juvenile as the court finds to be in the best interests of the juvenile or the
State. (1979, c. 815, s. 1; 1987 (Reg. Sess., 1988),
c. 1090, s. 12; 1998-202, s. 6.)

§ 7B-2606. Disposition after appeal.

Upon the affirmation of the order of adjudication or
disposition of the court by the Court of Appeals or by the Supreme Court in the
event of an appeal, the court shall have authority to modify or alter the
original order of adjudication or disposition as the court finds to be in the
best interests of the juvenile to reflect any adjustment made by the juvenile
or change in circumstances during the period of time the appeal was pending. If
the modifying order is entered ex parte, the court shall give notice to
interested parties to show cause within 10 days thereafter as to why the
modifying order should be vacated or altered. (1979,
c. 815, s. 1; 1998-202, s. 6.)

Article 27.

Authority over Parents of Juveniles Adjudicated
Delinquent or Undisciplined.

§ 7B-2700. Appearance in court.

The parent, guardian, or custodian of a juvenile under the
jurisdiction of the juvenile court shall attend the hearings of which the
parent, guardian, or custodian receives notice. The court may excuse the
appearance of either or both parents or the guardian or custodian at a
particular hearing or all hearings. Unless so excused, the willful failure of a
parent, guardian, or custodian to attend a hearing of which the parent,
guardian, or custodian has notice shall be grounds for contempt. (1998-202, s. 6.)

§ 7B-2701. Parental responsibility classes.

The court may order the parent, guardian, or custodian of a
juvenile who has been adjudicated undisciplined or delinquent to attend
parental responsibility classes if those classes are available in the judicial
district in which the parent, guardian, or custodian resides. (1998-202, s. 6.)

(a) If the court orders medical, surgical,
psychiatric, psychological, or other evaluation or treatment pursuant to G.S.
7B-2502, the court may order the parent or other responsible parties to pay the
cost of the treatment or care ordered.

(b) At the dispositional hearing or a subsequent
hearing, if the court finds that it is in the best interests of the juvenile
for the parent to be directly involved in the juvenile's evaluation or
treatment, the court may order that person to participate in medical,
psychiatric, psychological, or other evaluation or treatment of the juvenile.
The cost of the evaluation or treatment shall be paid pursuant to G.S. 7B-2502.

(c) At the dispositional hearing or a subsequent
hearing, the court may determine whether the best interests of the juvenile
require that the parent undergo psychiatric, psychological, or other evaluation
or treatment or counseling directed toward remedying behaviors or conditions
that led to or contributed to the juvenile's adjudication or to the court's
decision to remove custody of the juvenile from the parent. If the court finds
that the best interests of the juvenile require the parent undergo evaluation
or treatment, it may order that person to comply with a plan of evaluation or
treatment approved by the court or condition legal custody or physical
placement of the juvenile with the parent upon that person's compliance with
the plan of evaluation or treatment.

(d) In cases in which the court has ordered the parent
of the juvenile to comply with or undergo evaluation or treatment, the court
may order the parent to pay the cost of evaluation or treatment ordered
pursuant to this subsection. In cases in which the court has conditioned legal
custody or physical placement of the juvenile with the parent upon the parent's
compliance with a plan of evaluation or treatment, the court may charge the
cost of the evaluation or treatment to the county of the juvenile's residence
if the court finds the parent is unable to pay the cost of the evaluation or
treatment. In all other cases, if the court finds the parent is unable to pay
the cost of the evaluation or treatment ordered pursuant to this subsection,
the court may order the parent to receive evaluation or treatment currently
available from the area mental health program that serves the parent's
catchment area. (1979, c. 815, s. 1; 1981, c. 469, s.
19; 1983, c. 837, ss. 2, 3; 1985, c. 589, s. 5; c. 777, s. 1; 1985 (Reg. Sess.,
1986), c. 863, s. 2; 1987, c. 598, s. 2; 1989, c. 218; c. 529, s. 7; 1991, c.
636, s. 19(a); 1995, c. 328, s. 2; 1995 (Reg. Sess., 1996), c. 609, ss. 3, 4;
1997-456, s. 1; 1997-516, s. 1A; 1998-202, s. 6; 1998-229, s. 6.)

§ 7B-2703. Compliance with orders of court.

(a) The court may order the parent, guardian, or
custodian, to the extent that person is able to do so, to provide
transportation for a juvenile to keep an appointment with a juvenile court
counselor or to comply with other orders of the court.

(b) The court may order a parent, guardian, or
custodian to cooperate with and assist the juvenile in complying with the terms
and conditions of probation or other orders of the court. (1998-202, s. 6; 2001-490, s. 2.30.)

§ 7B-2704. Payment of support or other expenses; assignment
of insurance coverage.

At the dispositional hearing or a subsequent hearing, if the
court finds that the parent is able to do so, the court may order the parent
to:

(1) Pay a reasonable sum that will cover in whole or in
part the support of the juvenile. If the court requires the payment of child
support, the amount of the payments shall be determined as provided in G.S. 50-13.4;

No employer may discharge, demote, or deny a promotion or
other benefit of employment to any employee because the employee complies with
the provisions of this Article. The Commissioner of Labor shall enforce the
provisions of this section according to Article 21 of Chapter 95 of the General
Statutes, including the rules and regulations issued pursuant to that Article. (1998-202, s. 6.)

§ 7B-2706. Contempt for failure to comply.

Upon motion of the juvenile court counselor or prosecutor or
upon the court's own motion, the court may issue an order directing the parent,
guardian, or custodian to appear and show cause why the parent, guardian, or
custodian should not be found or held in civil or criminal contempt for
willfully failing to comply with an order of the court. Chapter 5A of the
General Statutes shall govern contempt proceedings initiated pursuant to this
Article. (1998-202, s. 6; 2001-490, s. 2.31.)

Records and Social Reports of Cases of Abuse, Neglect,
and Dependency.

§ 7B-2900. Definitions.

The definitions of G.S. 7B-101 and G.S. 7B-1501 apply to this
Subchapter. (1998-202, s. 6.)

§ 7B-2901. Confidentiality of records.

(a) The clerk shall maintain a complete record of all
juvenile cases filed in the clerk's office alleging abuse, neglect, or
dependency. The records shall be withheld from public inspection and, except as
provided in this subsection, may be examined only by order of the court. The
record shall include the summons, petition, custody order, court order, written
motions, the electronic or mechanical recording of the hearing, and other
papers filed in the proceeding. The recording of the hearing shall be reduced
to a written transcript only when notice of appeal has been timely given. After
the time for appeal has expired with no appeal having been filed, the recording
of the hearing may be erased or destroyed upon the written order of the court.

The following persons may examine the juvenile's record
maintained pursuant to this subsection and obtain copies of written parts of
the record without an order of the court:

(1) The person named in the petition as the juvenile;

(2) The guardian ad litem;

(3) The county department of social services; and

(4) The juvenile's parent, guardian, or custodian, or
the attorney for the juvenile or the juvenile's parent, guardian, or custodian.

(b) The Director of the Department of Social Services
shall maintain a record of the cases of juveniles under protective custody by
the Department or under placement by the court, which shall include family
background information; reports of social, medical, psychiatric, or
psychological information concerning a juvenile or the juvenile's family;
interviews with the juvenile's family; or other information which the court
finds should be protected from public inspection in the best interests of the
juvenile. The records maintained pursuant to this subsection may be examined
only in the following circumstances:

(1) The juvenile's guardian ad litem or the juvenile,
including a juvenile who has reached age 18 or been emancipated, may examine
the records.

(2) A district or superior court judge of this State
presiding over a civil matter in which the department is not a party may order
the department to release confidential information, after providing the
department with reasonable notice and an opportunity to be heard and then
determining that the information is relevant and necessary to the trial of the
matter before the court and unavailable from any other source. This subsection
shall not be construed to relieve any court of its duty to conduct hearings and
make findings required under relevant federal law before ordering the release
of any private medical or mental health information or records related to
substance abuse or HIV status or treatment. The department may surrender the
requested records to the court, for in camera review, if surrender is necessary
to make the required determinations.

(3) A district or superior court judge of this State
presiding over a criminal or delinquency matter shall conduct an in camera
review before releasing to the defendant or juvenile any confidential records
maintained by the department of social services, except those records the
defendant or juvenile is entitled to pursuant to subdivision (1) of this
subsection.

(4) The department may disclose confidential
information to a parent, guardian, custodian, or caretaker in accordance with
G.S. 7B-700.

(c) In the case of a child victim, the court may order
the sharing of information among such public agencies as the court deems
necessary to reduce the trauma to the victim.

(d) The court's entire record of a proceeding involving
consent for an abortion on an unemancipated minor under Article 1A, Part 2 of
Chapter 90 of the General Statutes is not a matter of public record, shall be
maintained separately from any juvenile record, shall be withheld from public
inspection, and may be examined only by order of the court, by the
unemancipated minor, or by the unemancipated minor's attorney or guardian ad
litem. (1979, c. 815, s. 1; 1987, c. 297; 1994, Ex.
Sess., c. 7, s. 1; 1995, c. 462, s. 4; c. 509, s. 5; 1997-459, s. 2; 1998-202,
s. 6; 2001-208, s. 10; 2001-487, s. 101; 2009-311, s. 18.)

§ 7B-2902. Disclosure in child fatality or near fatality
cases.

(a) The following definitions apply in this section:

(1) Child fatality. - The death of a child from
suspected abuse, neglect, or maltreatment.

(2) Findings and information. - A written summary, as
allowed by subsections (c) through (f) of this section, of actions taken or
services rendered by a public agency following receipt of information that a
child might be in need of protection. The written summary shall include any of
the following information the agency is able to provide:

a. The dates, outcomes, and results of any actions
taken or services rendered.

b. The results of any review by the State Child
Fatality Prevention Team, a local child fatality prevention team, a local
community child protection team, the Child Fatality Task Force, or any public
agency.

c. Confirmation of the receipt of all reports,
accepted or not accepted by the county department of social services, for
investigation of suspected child abuse, neglect, or maltreatment, including
confirmation that investigations were conducted, the results of the
investigations, a description of the conduct of the most recent investigation
and the services rendered, and a statement of basis for the department's
decision.

(3) Near fatality. - A case in which a physician
determines that a child is in serious or critical condition as the result of
sickness or injury caused by suspected abuse, neglect, or maltreatment.

(4) Public agency. - Any agency of State government or
its subdivisions as defined in G.S. 132-1(a).

(b) Notwithstanding any other provision of law and
subject to the provisions of subsections (c) through (f) of this section, a
public agency shall disclose to the public, upon request, the findings and
information related to a child fatality or near fatality if:

(1) A person is criminally charged with having caused
the child fatality or near fatality; or

(2) The district attorney has certified that a person
would be charged with having caused the child fatality or near fatality but for
that person's prior death.

(c) Nothing herein shall be deemed to authorize access
to the confidential records in the custody of a public agency, or the
disclosure to the public of the substance or content of any psychiatric,
psychological, or therapeutic evaluations or like materials or information
pertaining to the child or the child's family unless directly related to the
cause of the child fatality or near fatality, or the disclosure of information
that would reveal the identities of persons who provided information related to
the suspected abuse, neglect, or maltreatment of the child.

(d) Within five working days from the receipt of a request
for findings and information related to a child fatality or near fatality, a
public agency shall consult with the appropriate district attorney and provide
the findings and information unless the agency has a reasonable belief that
release of the information:

(1) Is not authorized by subsections (a) and (b) of
this section;

(2) Is likely to cause mental or physical harm or
danger to a minor child residing in the deceased or injured child's household;

(3) Is likely to jeopardize the State's ability to
prosecute the defendant;

(4) Is likely to jeopardize the defendant's right to a
fair trial;

(5) Is likely to undermine an ongoing or future
criminal investigation; or

(6) Is not authorized by federal law and regulations.

(e) Any person whose request is denied may apply to
the appropriate superior court for an order compelling disclosure of the
findings and information of the public agency. The application shall set forth,
with reasonable particularity, factors supporting the application. The superior
court shall have jurisdiction to issue such orders. Actions brought pursuant to
this section shall be set down for immediate hearing, and subsequent
proceedings in such actions shall be accorded priority by the appellate courts.
After the court has reviewed the specific findings and information, in camera,
the court shall issue an order compelling disclosure unless the court finds
that one or more of the circumstances in subsection (d) of this section exist.

(f) Access to criminal investigative reports and criminal
intelligence information of public law enforcement agencies and confidential
information in the possession of the State Child Fatality Prevention Team, the
local teams, and the Child Fatality Task Force, shall be governed by G.S. 132-1.4
and G.S. 7B-1413 respectively. Nothing herein shall be deemed to require the
disclosure or release of any information in the possession of a district
attorney.

(g) Any public agency or its employees acting in good
faith in disclosing or declining to disclose information pursuant to this
section shall be immune from any criminal or civil liability that might
otherwise be incurred or imposed for such action.

Juvenile Records and Social Reports of Delinquency and
Undisciplined Cases.

§ 7B-3000. Juvenile court records.

(a) The clerk shall maintain a complete record of all
juvenile cases filed in the clerk's office to be known as the juvenile record.
The record shall include the summons and petition, any secure or nonsecure
custody order, any electronic or mechanical recording of hearings, and any
written motions, orders, or papers filed in the proceeding.

(b) All juvenile records shall be withheld from public
inspection and, except as provided in this subsection, may be examined only by
order of the court. Except as provided in subsection (c) of this section, the
following persons may examine the juvenile's record and obtain copies of
written parts of the record without an order of the court:

(1) The juvenile or the juvenile's attorney;

(2) The juvenile's parent, guardian, or custodian, or
the authorized representative of the juvenile's parent, guardian, or custodian;

(3) The prosecutor;

(4) Court counselors; and

(5) Probation officers in the Section of Community
Corrections of the Division of Adult Correction of the Department of Public
Safety, as provided in subsection (e1) of this section and in G.S. 15A-1341(e).

Except as provided in subsection (c) of this section, the
prosecutor may, in the prosecutor's discretion, share information obtained from
a juvenile's record with magistrates and law enforcement officers sworn in this
State, but may not allow a magistrate or law enforcement officer to photocopy
any part of the record.

(c) The court may direct the clerk to "seal"
any portion of a juvenile's record. The clerk shall secure any sealed portion
of a juvenile's record in an envelope clearly marked "SEALED: MAY BE
EXAMINED ONLY BY ORDER OF THE COURT", or with similar notice, and shall
permit examination or copying of sealed portions of a juvenile's record only
pursuant to a court order specifically authorizing inspection or copying.

(d) Any portion of a juvenile's record consisting of an
electronic or mechanical recording of a hearing shall be transcribed only when
notice of appeal has been timely given and shall be copied electronically or
mechanically, only by order of the court. After the time for appeal has expired
with no appeal having been filed, the court may enter a written order directing
the clerk to destroy the recording of the hearing.

(e) Notwithstanding any other provision of law, if the
defendant in a criminal proceeding involving a Class A1 misdemeanor or a felony
was less than 21 years of age at the time of the offense, information obtained
pursuant to subsection (b) of this section regarding the juvenile's record of
an adjudication of delinquency for an offense that would be a Class A1
misdemeanor or a felony if committed by an adult, where the adjudication
occurred after the defendant reached 13 years of age, may be used by law
enforcement, the magistrate, the courts, and the prosecutor for pretrial
release, plea negotiating decisions, and plea acceptance decisions. Information
obtained regarding any juvenile record shall remain confidential and shall not
be placed in any public record.

(e1) When a person is subject to probation supervision
under Article 82 of Chapter 15A of the General Statutes, for an offense that
was committed while the person was less than 25 years of age, that person's
juvenile record of an adjudication of delinquency for an offense that would be
a felony if committed by an adult may be examined without a court order by the
probation officer in the Section of Community Corrections of the Division of
Adult Correction assigned to supervise the person for the purpose of assessing
risk related to supervision.

Each judicial district manager in the Section of Community
Corrections of the Division of Adult Correction shall designate a staff person
in each county to obtain from the clerk, at the request of the probation
officer assigned to supervise the person, any juvenile records authorized to be
examined under this subsection. The judicial district manager shall inform the
clerk in each county, in writing, of the designated staff person in the county.
The designated staff person shall transfer any juvenile records obtained to the
probation officer assigned to supervise the person.

Any copies of juvenile records obtained pursuant to this
subsection shall continue to be withheld from public inspection and shall not
become part of the public record in any criminal proceeding. Any copies of
juvenile records shall be destroyed within 30 days of termination of the person's
period of probation supervision. Any other information in the Section of
Community Corrections of the Division of Adult Correction records, relating to
a person's juvenile record, shall remain confidential and shall be maintained
or destroyed pursuant to guidelines established by the Department of Cultural
Resources for the maintenance and destruction of Section of Community
Corrections of the Division of Adult Correction records.

(f) The juvenile's record of an adjudication of
delinquency for an offense that would be a Class A, B1, B2, C, D, or E felony
if committed by an adult may be used in a subsequent criminal proceeding
against the juvenile either under G.S. 8C-1, Rule 404(b), or to prove an
aggravating factor at sentencing under G.S. 15A-1340.4(a), 15A-1340.16(d), or
15A-2000(e). The record may be so used only by order of the court in the
subsequent criminal proceeding, upon motion of the prosecutor, after an in
camera hearing to determine whether the record in question is admissible.

(a) The chief court counselor shall maintain a record
of all cases of juveniles under supervision of juvenile court counselors, to be
known as the juvenile court counselor's record. The juvenile court counselor's
record shall include family background information; reports of social, medical,
psychiatric, or psychological information concerning a juvenile or the
juvenile's family; probation reports; interviews with the juvenile's family; or
other information the court finds should be protected from public inspection in
the best interests of the juvenile.

(b) Unless jurisdiction of the juvenile has been
transferred to superior court, all law enforcement records and files concerning
a juvenile shall be kept separate from the records and files of adults and
shall be withheld from public inspection. The following persons may examine and
obtain copies of law enforcement records and files concerning a juvenile
without an order of the court:

(1) The juvenile or the juvenile's attorney;

(2) The juvenile's parent, guardian, custodian, or the
authorized representative of the juvenile's parent, guardian, or custodian;

(3) The prosecutor;

(4) Juvenile court counselors; and

(5) Law enforcement officers sworn in this State.

Otherwise, the records and files may be examined or copied only
by order of the court.

(c) All records and files maintained by the Division
pursuant to this Chapter shall be withheld from public inspection. The
following persons may examine and obtain copies of the Division records and
files concerning a juvenile without an order of the court:

(1) The juvenile and the juvenile's attorney;

(2) The juvenile's parent, guardian, custodian, or the
authorized representative of the juvenile's parent, guardian, or custodian;

(3) Professionals in the agency who are directly
involved in the juvenile's case; and

(4) Juvenile court counselors.

Otherwise, the records and files may be examined or copied only
by order of the court. The court may inspect and order the release of records maintained
by the Division.

(d) When the Section of Community Corrections of the
Division of Adult Correction of the Department of Public Safety is authorized
to access a juvenile record pursuant to G.S. 7B-3000(e1), the Division may, at
the request of the Section of Community Corrections of the Division of Adult
Correction, notify the Section of Community Corrections of the Division of
Adult Correction that there is a juvenile record of an adjudication of
delinquency for an offense that would be a felony if committed by an adult for
a person subject to probation supervision under Article 82 of Chapter 15A of
the General Statutes and may notify the Section of Community Corrections of the
Division of Adult Correction of the county or counties where the adjudication
of delinquency occurred. (1979, c. 815, s. 1; 1987,
c. 297; 1994, Ex. Sess., c. 7, s. 1; 1995, c. 462, s. 4; c. 509, s. 5; 1997-459,
s. 2; 1998-202, s. 6; 2000-137, s. 3; 2001-490, s. 2.32; 2009-372, s. 2; 2009-545,
s. 3; 2011-145, s. 19.1(h), (k), (l).)

Article 31.

Disclosure of Juvenile Information.

§ 7B-3100. Disclosure of information about juveniles.

(a) The Division, after consultation with the
Conference of Chief District Court Judges, shall adopt rules designating
certain local agencies that are authorized to share information concerning
juveniles in accordance with the provisions of this section. Agencies so
designated shall share with one another, upon request and to the extent
permitted by federal law and regulations, information that is in their
possession that is relevant to any assessment of a report of child abuse,
neglect, or dependency or the provision or arrangement of protective services
in a child abuse, neglect, or dependency case by a local department of social
services pursuant to the authority granted under Chapter 7B of the General
Statutes or to any case in which a petition is filed alleging that a juvenile
is abused, neglected, dependent, undisciplined, or delinquent and shall
continue to do so until the protective services case is closed by the local
department of social services, or if a petition is filed when the juvenile is
no longer subject to the jurisdiction of juvenile court. Agencies that may be
designated as "agencies authorized to share information" include
local mental health facilities, local health departments, local departments of
social services, local law enforcement agencies, local school administrative
units, the district's district attorney's office, the Division of Juvenile
Justice of the Department of Public Safety, and the Office of Guardian ad Litem
Services of the Administrative Office of the Courts, and, pursuant to the
provisions of G.S. 7B-3000(e1), the Section of Community Corrections of the
Division of Adult Correction of the Department of Public Safety. Any
information shared among agencies pursuant to this section shall remain
confidential, shall be withheld from public inspection, and shall be used only
for the protection of the juvenile and others or to improve the educational
opportunities of the juvenile, and shall be released in accordance with the
provisions of the Family Educational and Privacy Rights Act as set forth in 20
U.S.C. § 1232g. Nothing in this section or any other provision of law shall
preclude any other necessary sharing of information among agencies. Nothing
herein shall be deemed to require the disclosure or release of any information
in the possession of a district attorney.

§ 7B-3101. Notification of schools when juveniles are
alleged or found to be delinquent.

(a) Notwithstanding G.S. 7B-3000, the juvenile court
counselor shall deliver verbal and written notification of the following
actions to the principal of the school that the juvenile attends:

(1) A petition is filed under G.S. 7B-1802 that alleges
delinquency for an offense that would be a felony if committed by an adult;

(2) The court transfers jurisdiction over a juvenile to
superior court under G.S. 7B-2200;

(3) The court dismisses under G.S. 7B-2411 the petition
that alleges delinquency for an offense that would be a felony if committed by
an adult;

(4) The court issues a dispositional order under
Article 25 of Chapter 7B of the General Statutes including, but not limited to,
an order of probation that requires school attendance, concerning a juvenile
alleged or found delinquent for an offense that would be a felony if committed
by an adult; or

(5) The court modifies or vacates any order or
disposition under G.S. 7B-2600 concerning a juvenile alleged or found
delinquent for an offense that would be a felony if committed by an adult.

Notification of the school principal in person or by
telephone shall be made before the beginning of the next school day. Delivery shall
be made as soon as practicable but at least within five days of the action.
Delivery shall be made in person or by certified mail. Notification that a
petition has been filed shall describe the nature of the offense. Notification
of a dispositional order, a modified or vacated order, or a transfer to
superior court shall describe the court's action and any applicable disposition
requirements. As used in this subsection, the term "offense" shall
not include any offense under Chapter 20 of the General Statutes.

(b) If the principal of the school the juvenile
attends returns any notification as required by G.S. 115C-404, and if the
juvenile court counselor learns that the juvenile is transferring to another
school, the juvenile court counselor shall deliver the notification to the
principal of the school to which the juvenile is transferring. Delivery shall
be made as soon as practicable and shall be made in person or by certified
mail.

(c) Principals shall handle any notification delivered
under this section in accordance with G.S. 115C-404.

(d) For the purpose of this section, "school"
means any public or private school in the State that is authorized under
Chapter 115C of the General Statutes. (1997-443, s.
8.29(e); 1998-202, s. 6.)

§ 7B-3102. Disclosure of information about juveniles who
escape.

(a) Notwithstanding G.S. 7B-2102(d) or any other law
to the contrary, within 24 hours of the time a juvenile escapes from custody
the Division shall release to the public the juvenile's first name, last
initial, and photograph; the name and location of the institution from which
the juvenile escaped, or if the juvenile's escape was not from an institution,
the circumstances and location of the escape; and a statement, based on the
juvenile's record, of the level of concern of the Division as to the juvenile's
threat to self or to others, if the juvenile escapes from a detention facility,
secure custody, or a youth development center and the juvenile has been
adjudicated delinquent.

(b) When a juvenile escapes from a detention facility
or secure custody, the Division may release to the public within 24 hours the
juvenile's first name, last initial, and photograph; the name and location of
the institution from which the juvenile escaped, or if the juvenile's escape
was not from an institution, the circumstances and location of the escape; and
a statement, based on the juvenile's record, of the level of concern of the
Division as to the juvenile's threat to self or to others if both of the
following apply:

(1) The juvenile is alleged to have committed an
offense that would be a felony if committed by an adult.

(2) The Division determines, based on the juvenile's
record, that the juvenile presents a danger to self or others.

(c) If a juvenile subject to subsection (a) or (b) of
this section is returned to custody before the disclosure required or permitted
is made, the Division shall not make the disclosure.

(d) The Division shall maintain a photograph of every
juvenile in its custody.

(e) Before information is released to the public under
this section, the Division shall make a reasonable effort to notify a parent,
legal guardian, or custodian of the juvenile. (2007-458,
s. 2; 2008-169, s. 1; 2011-145, s. 19.1(l).)

Article 32.

Expunction of Juvenile Records.

§ 7B-3200. Expunction of records of juveniles alleged or
adjudicated delinquent and undisciplined.

(a) Any person who has attained the age of 18 years
may file a petition in the court where the person was adjudicated undisciplined
for expunction of all records of that adjudication.

(b) Any person who has attained the age of 18 years
may file a petition in the court where the person was adjudicated delinquent
for expunction of all records of that adjudication provided:

(1) The offense for which the person was adjudicated
would have been a crime other than a Class A, B1, B2, C, D, or E felony if
committed by an adult.

(2) At least 18 months have elapsed since the person
was released from juvenile court jurisdiction, and the person has not
subsequently been adjudicated delinquent or convicted as an adult of any felony
or misdemeanor other than a traffic violation under the laws of the United States
or the laws of this State or any other state.

Records relating to an adjudication for an offense that would
be a Class A, B1, B2, C, D, or E felony if committed by an adult shall not be
expunged.

(c) The petition shall contain, but not be limited to,
the following:

(1) An affidavit by the petitioner that the petitioner
has been of good behavior since the adjudication and, in the case of a petition
based on a delinquency adjudication, that the petitioner has not subsequently
been adjudicated delinquent or convicted as an adult of any felony or
misdemeanor other than a traffic violation under the laws of the United States,
or the laws of this State or any other state;

(2) Verified affidavits of two persons, who are not
related to the petitioner or to each other by blood or marriage, that they know
the character and reputation of the petitioner in the community in which the
petitioner lives and that the petitioner's character and reputation are good;
and

(3) A statement that the petition is a motion in the
cause in the case wherein the petitioner was adjudicated delinquent or
undisciplined.

The petition shall be served upon the district attorney in
the district wherein adjudication occurred. The district attorney shall have 10
days thereafter in which to file any objection thereto and shall be duly
notified as to the date of the hearing on the petition.

(d) If the court, after hearing, finds that the
petitioner satisfies the conditions set out in subsections (a) or (b) of this
section, the court shall order and direct the clerk and all law enforcement
agencies to expunge their records of the adjudication including all references
to arrests, complaints, referrals, petitions, and orders.

(e) The clerk shall forward a certified copy of the
order to the sheriff, chief of police, or other law enforcement agency.

(f) Records of a juvenile adjudicated delinquent or
undisciplined being maintained by the chief court counselor, an intake
counselor, or a juvenile court counselor shall be retained or disposed of as
provided by the Division, except that no records shall be destroyed before the
juvenile reaches the age of 18 or 18 months have elapsed since the person was
released from juvenile court jurisdiction, whichever occurs last.

(g) Records of a juvenile adjudicated delinquent or
undisciplined being maintained by personnel at a residential facility operated
by the Division, shall be retained or disposed of as provided by the Division,
except that no records shall be destroyed before the juvenile reaches the age
of 18 or 18 months have elapsed since the person was released from juvenile
court jurisdiction, whichever occurs last.

(h) Any person who was alleged to be delinquent as a
juvenile and has attained the age of 16 years, or was alleged to be
undisciplined as a juvenile and has attained the age of 18 years, may file a
petition in the court in which the person was alleged to be delinquent or
undisciplined, for expunction of all juvenile records of the juvenile having
been alleged to be delinquent or undisciplined if the court dismissed the
juvenile petition without an adjudication that the juvenile was delinquent or
undisciplined. The petition shall be served on the chief court counselor in the
district where the juvenile petition was filed. The chief court counselor shall
have 10 days thereafter in which to file a written objection in the court. If
no objection is filed, the court may grant the petition without a hearing. If
an objection is filed or the court so directs, a hearing shall be scheduled and
the chief court counselor shall be notified as to the date of the hearing. If
the court finds at the hearing that the petitioner satisfies the conditions
specified herein, the court shall order the clerk and the appropriate law
enforcement agencies to expunge their records of the allegations of delinquent
or undisciplined acts including all references to arrests, complaints,
referrals, juvenile petitions, and orders. The clerk shall forward a certified
copy of the order of expunction to the sheriff, chief of police, or other appropriate
law enforcement agency, and to the chief court counselor, and these specified
officials shall immediately destroy all records relating to the allegations
that the juvenile was delinquent or undisciplined.

(i) The clerk of superior court in each county in
North Carolina shall, as soon as practicable after each term of court in the
clerk's county, file with the Administrative Office of the Courts, the names of
those persons granted an expunction under the provisions of this section, and
the Administrative Office of the Courts shall maintain a confidential file
containing the names of persons granted an expunction. The information
contained in such file shall be disclosed only to judges of the General Court
of Justice of North Carolina for the purpose of ascertaining whether any person
charged with an offense has been previously granted an expunction. (1979, c. 815, s. 1; 1989, c. 186; 1994, Ex. Sess., c. 7,
s. 2; 1995, c. 509, s. 6; 1997-443, s. 11A.118(a); 1998-202, s. 6; 2000-137, s.
3; 2001-490, s. 2.33; 2011-145, s. 19.1(l).)

§ 7B-3201. Effect of expunction.

(a) Whenever a juvenile's record is expunged, with
respect to the matter in which the record was expunged, the juvenile who is the
subject of the record and the juvenile's parent may not be held thereafter
under any provision of any laws to be guilty of perjury or otherwise giving a
false statement by reason of the person's failure to recite or acknowledge such
record or response to any inquiry made of the person for any purpose.

(b) Notwithstanding subsection (a) of this section, in
any delinquency case if the juvenile is the defendant and chooses to testify or
if the juvenile is not the defendant and is called as a witness, the juvenile
may be ordered to testify with respect to whether the juvenile was adjudicated
delinquent. (1979, c. 815, s. 1; 1983 (Reg. Sess.,
1984), c. 1037, s. 7; 1998-202, s. 6.)

§ 7B-3202. Notice of expunction.

Upon expunction of a juvenile's record, the clerk shall send
a written notice to the juvenile at the juvenile's last known address informing
the juvenile that the record has been expunged and with respect to the matter
involved, the juvenile may not be held thereafter under any provision of any
laws to be guilty of perjury or otherwise giving a false statement by reason of
the juvenile's failure to recite or acknowledge such record or response to any
inquiry made of the juvenile for any purpose except that upon testifying in a
delinquency proceeding, the juvenile may be required by a court to disclose
that the juvenile was adjudicated delinquent. (1979,
c. 815, s. 1; 1983 (Reg. Sess., 1984), c. 1037, s. 8; 1998-202, s. 6.)

Notwithstanding any other provision of law, any juvenile
under 18 years of age, except as provided in G.S. 7B-3402 and G.S. 7B-3403,
shall be subject to the supervision and control of the juvenile's parents. (1969, c. 1080, s. 1; 1998-202, s. 6.)

§ 7B-3401. Definitions.

The definitions of G.S. 7B-101 and G.S. 7B-1501 apply to this
Subchapter. (1998-202, s. 6.)

§ 7B-3402. Exceptions.

This Article shall not apply to any juvenile under the age of
18 who is married or who is serving in the Armed Forces of the United States,
or who has been emancipated. (1969, c. 1080, s. 2;
1998-202, s. 6; 2011-183, s. 6.)

§ 7B-3403. No criminal liability created.

This Article shall not be interpreted to place any criminal
liability on a parent, guardian, or custodian for any act of the juvenile 16
years of age or older. (1969, c. 1080, s. 3; 1998-202,
s. 6.)

§ 7B-3404. Enforcement.

The provisions of this Article may be enforced by the parent,
guardian, custodian, or person who has assumed the status and obligation of a
parent without being awarded legal custody of the juvenile by a court to the
juvenile by filing a civil action in the district court of the county where the
juvenile can be found or the county of the plaintiff's residence. Upon the
institution of such action by a verified complaint, alleging that the defendant
juvenile has left home or has left the place where the juvenile has been
residing and refuses to return and comply with the direction and control of the
plaintiff, the court may issue an order directing the juvenile personally to
appear before the court at a specified time to be heard in answer to the
allegations of the plaintiff and to comply with further orders of the court.
Such orders shall be served by the sheriff upon the juvenile and upon any other
person named as a party defendant in such action. At the time of the issuance
of the order directing the juvenile to appear, the court may in the same order,
or by separate order, order the sheriff to enter any house, building,
structure, or conveyance for the purpose of searching for the juvenile and
serving the order and for the purpose of taking custody of the person of the
juvenile in order to bring the juvenile before the court. Any order issued at
said hearing shall be treated as a mandatory injunction and shall remain in full
force and effect until the juvenile reaches the age of 18, or until further
orders of the court. Within 30 days after the hearing on the original order,
the juvenile, or anyone acting in the juvenile's behalf, may file a verified
answer to the complaint. Upon the filing of an answer by or on behalf of the
juvenile, any district court judge holding court in the county or district
court district as defined in G.S. 7A-133 where the action was instituted shall
have jurisdiction to hear the matter, without a jury, and to make findings of
fact, conclusions of law, and render judgment thereon. Appeals from the
district court to the Court of Appeals shall be allowed as in civil actions
generally. The district court issuing the original order or the district court
hearing the matter after answer has been filed shall also have authority to
order that any person named defendant in the order or judgment shall not
harbor, keep, or allow the defendant juvenile to remain on the person's
premises or in the person's home. Failure of any defendant to comply with the
terms of said order or judgment shall be punishable as for contempt. (1969, c. 1080, s. 4; 1987 (Reg. Sess., 1988), c. 1037, s.
108; 1991 (Reg. Sess., 1992), c. 1031, s. 1; 1998-202, s. 6.)

Article 35.

Emancipation.

§ 7B-3500. Who may petition.

Any juvenile who is 16 years of age or older and who has
resided in the same county in North Carolina or on federal territory within the
boundaries of North Carolina for six months next preceding the filing of the
petition may petition the court in that county for a judicial decree of
emancipation. (1979, c. 815, s. 1; 1998-202, s. 6.)

§ 7B-3501. Petition.

The petition shall be signed and verified by the petitioner
and shall contain the following information:

(1) The full name of the petitioner and the petitioner's
birth date, and state and county of birth;

(2) A certified copy of the petitioner's birth
certificate;

(3) The name and last known address of the parent,
guardian, or custodian;

(4) The petitioner's address and length of residence at
that address;

(5) The petitioner's reasons for requesting
emancipation; and

(6) The petitioner's plan for meeting the petitioner's
needs and living expenses which plan may include a statement of employment and
wages earned that is verified by the petitioner's employer. (1979, c. 815, s. 1; 1998-202, s. 6.)

§ 7B-3502. Summons.

A copy of the filed petition along with a summons shall be
served upon the petitioner's parent, guardian, or custodian who shall be named
as respondents. The summons shall include the time and place of the hearing and
shall notify the respondents to file written answer within 30 days after
service of the summons and petition. In the event that personal service cannot
be obtained, service shall be in accordance with G.S. 1A-1, Rule 4(j). (1979, c. 815, s. 1; 1998-202, s. 6.)

§ 7B-3503. Hearing.

The court, sitting without a jury, shall permit all parties
to present evidence and to cross-examine witnesses. The petitioner has the
burden of showing by a preponderance of the evidence that emancipation is in
the petitioner's best interests. Upon finding that reasonable cause exists, the
court may order the juvenile to be examined by a psychiatrist, a licensed
clinical psychologist, a physician, or any other expert to evaluate the
juvenile's mental or physical condition. The court may continue the hearing and
order investigation by a juvenile court counselor or by the county department
of social services to substantiate allegations of the petitioner or
respondents.

After reviewing the considerations for emancipation, the
court may enter a decree of emancipation if the court determines:

(1) That all parties are properly before the court or
were duly served and failed to appear and that time for filing an answer has
expired;

(2) That the petitioner has shown a proper and lawful
plan for adequately providing for the petitioner's needs and living expenses;

(3) That the petitioner is knowingly seeking
emancipation and fully understands the ramifications of the act; and

(4) That emancipation is in the best interests of the
petitioner.

The decree shall set out the court's findings.

If the court determines that the criteria in subdivisions (1)
through (4) are not met, the court shall order the proceeding dismissed. (1979, c. 815, s. 1; 1998-202, s. 6.)

§ 7B-3506. Costs of court.

The court may tax the costs of the proceeding to any party or
may, for good cause, order the costs remitted.

The clerk may collect costs for furnishing to the petitioner
a certificate of emancipation which shall recite the name of the petitioner and
the fact of the petitioner's emancipation by court decree and shall have the
seal of the clerk affixed thereon. (1979, c. 815, s.
1; 1998-202, s. 6.)

§ 7B-3507. Legal effect of final decree.

As of entry of the final decree of emancipation:

(1) The petitioner has the same right to make contracts
and conveyances, to sue and to be sued, and to transact business as if the
petitioner were an adult.

(2) The parent, guardian, or custodian is relieved of
all legal duties and obligations owed to the petitioner and is divested of all
rights with respect to the petitioner.

(3) The decree is irrevocable.

Notwithstanding any other provision of this section, a decree of
emancipation shall not alter the application of G.S. 14-326.1 or the
petitioner's right to inherit property by intestate succession. (1979, c. 815, s. 1; 1998-202, s. 6.)

§ 7B-3508. Appeals.

Any petitioner, parent, guardian, or custodian who is a party
to a proceeding under this Article may appeal from any order of disposition to
the Court of Appeals provided that notice of appeal is given in open court at
the time of the hearing or in writing within 10 days after entry of the order.
Entry of an order shall be treated in the same manner as entry of a judgment
under G.S. 1A-1, Rule 58 of the North Carolina Rules of Civil Procedure.
Pending disposition of an appeal, the court may enter a temporary order
affecting the custody or placement of the petitioner as the court finds to be
in the best interests of the petitioner or the State. (1979,
c. 815, s. 1; 1998-202, s. 6; 1999-309, s. 3.)

§ 7B-3509. Application of common law.

A married juvenile is emancipated by this Article. All other
common-law provisions for emancipation are superseded by this Article. (1979, c. 815, s. 1; 1998-202, s. 6.)

Article 36.

Judicial Consent for Emergency Surgical or Medical
Treatment.

§ 7B-3600. Judicial authorization of emergency treatment;
procedure.

A juvenile in need of emergency treatment under Article 1A of
Chapter 90 of the General Statutes, whose physician is barred from rendering
necessary treatment by reason of parental refusal to consent to treatment, may
receive treatment with court authorization under the following procedure:

(1) The physician shall sign a written statement
setting out:

a. The treatment to be rendered and the emergency need
for treatment;

b. The refusal of the parent, guardian, custodian, or
person who has assumed the status and obligation of a parent without being awarded
legal custody of the juvenile by a court to consent to the treatment; and

c. The impossibility of contacting a second physician
for a concurring opinion on the need for treatment in time to prevent immediate
harm to the juvenile.

(2) Upon examining the physician's written statement
prescribed in subdivision (1) of this section and finding:

a. That the statement is in accordance with this
Article, and

b. That the proposed treatment is necessary to prevent
immediate harm to the juvenile.

The court may issue a written
authorization for the proposed treatment to be rendered.

(3) In acute emergencies in which time may not permit
implementation of the written procedure set out in subdivisions (1) and (2) of
this section, the court may authorize treatment in person or by telephone upon
receiving the oral statement of a physician satisfying the requirements of
subdivision (1) of this section and upon finding that the proposed treatment is
necessary to prevent immediate harm to the juvenile.

(4) The court's authorization for treatment overriding
parental refusal to consent should not be given without attempting to offer the
parent an opportunity to state the reasons for refusal; however, failure of the
court to hear the parent's objections shall not invalidate judicial
authorization under this Article.

(5) The court's authorization for treatment under
subdivisions (1) and (2) of this section shall be issued in duplicate. One copy
shall be given to the treating physician and the other copy shall be attached
to the physician's written statement and filed as a juvenile proceeding in the
office of the clerk of court.

(6) The court's authorization for treatment
undersubdivision (3) of this section shall be reduced to writing as soon as
possible, supported by the physician's written statement as prescribed in
subdivision (1) of this section and shall be filed as prescribed in subdivision
(5) of this section.

The court's authorization for treatment under this Article
shall have the same effect as parental consent for treatment.

Following the court's authorization for treatment and after
giving notice to the juvenile's parent, guardian, or custodian the court shall
conduct a hearing in order to provide for payment for the treatment rendered.
The court may order the parent or other responsible parties to pay the cost of
treatment. If the court finds the parent is unable to pay the cost of
treatment, the cost shall be a charge upon the county when so ordered.

This Article shall operate as a remedy in addition to the provisions
in G.S. 7B-903, 7B-2503, and 7B-2506. (1979, c. 815,
s. 1; 1998-202, s. 6.)

SUBCHAPTER V. PLACEMENT OF JUVENILES.

Article 37.

Placing or Adoption of Juvenile Delinquents or
Dependents.

§ 7B-3700. Consent required for bringing child into State
for placement or adoption.

(a) No person, agency, association, institution, or
corporation shall bring or send into the State any child for the purpose of
giving custody of the child to some person in the State or procuring adoption
by some person in the State without first obtaining the written consent of the
Department of Health and Human Services.

(b) The person with whom a child is placed for either
of the purposes set out in subsection (a) of this section shall be responsible
for the child's proper care and training. The Department of Health and Human
Services or its agents shall have the same right of visitation and supervision
of the child and the home in which it is placed as in the case of a child
placed by the Department or its agents as long as the child shall remain within
the State and until the child shall have reached the age of 18 years or shall
have been legally adopted. (1931, c. 226, s. 1; 1947,
c. 609, s. 1; 1973, c. 476, s. 138; 1997-443, s. 11A.118(a); 1998-202, s. 6.)

§ 7B-3701. Bond required.

The Social Services Commission may, in its discretion,
require of a person, agency, association, institution, or corporation which
brings or sends a child into the State with the written consent of the
Department of Health and Human Services, as provided by G.S. 7B-3700, a
continuing bond in a penal sum not in excess of one thousand dollars ($1,000)
with such conditions as may be prescribed and such sureties as may be approved
by the Department of Health and Human Services. Said bond shall be made in
favor of and filed with the Department of Health and Human Services with the
premium prepaid by the said person, agency, association, institution, or
corporation desiring to place such child in the State. (1931, c. 226, s. 2; 1947, c. 609, s. 2; 1969, c. 982; 1973,
c. 476, s. 138; 1997-443, s. 11A.118(a); 1998-202, s. 6.)

§ 7B-3702. Consent required for removing child from State.

No child shall be taken or sent out of the State for the
purpose of placing the child in a foster home or in a child-caring institution
without first obtaining the written consent of the Department of Health and
Human Services. The foster home or child-caring institution in which the child
is placed shall report to the Department of Health and Human Services at such
times as the Department of Health and Human Services may direct as to the
location and well-being of such child until the child shall have reached the
age of 18 years or shall have been legally adopted. (1931,
c. 226, s. 3; 1947, c. 609, s. 3; 1973, c. 476, s. 138; 1997-443, s. 11A.118(a);
1998-202, s. 6.)

§ 7B-3703. Violation of Article a misdemeanor.

Every person acting for himself or for an agency who violates
any of the provisions of this Article or who shall intentionally make any false
statements to the Social Services Commission or the Secretary or an employee
thereof acting for the Department of Health and Human Services in an official
capacity in the placing or adoption of juvenile delinquents or dependents
shall, upon conviction thereof, be guilty of a Class 2 misdemeanor. (1931, c. 226, s. 7; 1957, c. 100, s. 1; 1973, c. 476, s.
138; 1993, c. 539, s. 823; 1994, Ex. Sess., c. 24, s. 14(c); 1997-443, s.
11A.118(a); 1998-202, s. 6.)

§ 7B-3704. Definitions.

The term "Department" wherever used in this Article
shall be construed to mean the Department of Health and Human Services. The
term "Secretary" wherever used in this Article shall be construed to
mean the Secretary of the Department of Health and Human Services. (1931, c. 226, s. 8; 1957, c. 100, s. 1; 1973, c. 476, s. 138;
1997-443, s. 11A.118(a); 1998-202, s. 6.)

§ 7B-3705. Application of Article.

None of the provisions of this Article shall apply when a
child is brought into or sent into, or taken out of, or sent out of the State,
by the guardian of the person of such child, or by a parent, stepparent,
grandparent, uncle or aunt of such child, or by a brother, sister, half
brother, or half sister of such child, if such brother, sister, half brother,
or half sister is 18 years of age or older. (1947, c.
609, s. 5; 1971, c. 1231, s. 1; 1998-202, s. 6.)

Article 38.

Interstate Compact on the Placement of Children.

§ 7B-3800. Adoption of Compact.

The Interstate Compact on the Placement of Children is hereby
enacted into law and entered into with all other jurisdictions legally joining
therein in a form substantially as contained in this Article. It is the intent
of the General Assembly that Article 37 of this Chapter shall govern interstate
placements of children between North Carolina and any other jurisdictions not a
party to this Compact. It is the intent of the General Assembly that Chapter 48
of the General Statutes shall govern the adoption of children within the
boundaries of North Carolina.

ArticleI.PurposeandPolicy.

It is the purpose and policy of the party states to cooperate
with each other in the interstate placement of children to the end that:

(a) Each child requiring placement shall receive the
maximum opportunity to be placed in a suitable environment and with persons or
institutions having appropriate qualifications and facilities to provide a
necessary and desirable degree and type of care.

(b) The appropriate authorities in a state where a
child is to be placed may have full opportunity to ascertain the circumstances
of the proposed placement, thereby promoting full compliance with applicable
requirements for the protection of the child.

(c) The proper authorities of the state from which the
placement is made may obtain the most complete information on the basis of which
to evaluate a projected placement before it is made.

(d) Appropriate jurisdictional arrangements for the
care of children will be promoted.

ArticleII.Definitions.

As used in this Compact:

(a) "Child" means a person who, by reason of
minority, is legally subject to parental, guardianship or similar control.

(b) "Sending agency" means a party state
officer or employee thereof; a subdivision of a party state, or officer or
employee thereof; a court of a party state; a person, corporation, association,
charitable agency or other entity which sends, brings, or causes to be sent or
brought any child to another party state.

(c) "Receiving state" means the state to
which a child is sent, brought, or caused to be sent or brought, whether by
public authorities or private persons or agencies, and whether for placement
with state or local public authorities of [or] for placement with private
agencies or persons.

(d) "Placement" means the arrangement for the
care of a child in a family free or boarding home or in a child-caring agency
or institution but does not include any institution caring for the mentally
ill, mentally defective, or epileptic or any institution primarily educational
in character, and any hospital or other medical facility.

(e) "Appropriate public authorities" as used
in Article III shall, with reference to this State, mean the Department of
Health and Human Services and said agency shall receive and act with reference
to notices required by Article III.

(f) "Appropriate authority in the receiving
state" as used in paragraph (a) of Article V shall, with reference to this
State, means the Secretary.

(g) "Executive head" as used in Article VII
means the Governor.

Article III. Conditions for Placement.

(a) No sending agency shall send, bring, or cause to
be sent or brought into any other party state any child for placement in foster
care or as a preliminary to a possible adoption unless the sending agency shall
comply with each and every requirement set forth in this Article and with the
applicable laws of the receiving state governing the placement of children
therein.

(b) Prior to sending, bringing, or causing any child
to be sent or brought into a receiving state for placement in foster care or as
a preliminary to a possible adoption, the sending agency shall furnish the
appropriate public authorities in the receiving state written notice of the
intention to send, bring, or place the child in the receiving state. The notice
shall contain:

(1) The name, date, and place of birth of the child.

(2) The identity and address or addresses of the
parents or legal guardian.

(3) The name and address of the person, agency or
institution to or with which the sending agency proposes to send, bring, or
place the child.

(4) A full statement of the reasons for such proposed
action and evidence of the authority pursuant to which the placement is
proposed to be made.

(c) Any public officer or agency in a receiving state
which is in receipt of a notice pursuant to paragraph (b) of this Article may
request of the sending agency, or any other appropriate officer or agency of or
in the sending agency's state, and shall be entitled to receive therefrom, such
supporting or additional information as it may deem necessary under the
circumstances to carry out the purpose and policy of this Compact.

(d) The child shall not be sent, brought, or caused to
be sent or brought into the receiving state until the appropriate public
authorities in the receiving state shall notify the sending agency, in writing,
to the effect that the proposed placement does not appear to be contrary to the
interests of the child.

Article IV. Penalty for Illegal Placement.

The sending, bringing, or causing to be
sent or brought into any receiving state of a child in violation of the terms
of this Compact shall constitute a violation of the laws respecting the
placement of children of both the state in which the sending agency is located
or from which it sends or brings the child and of the receiving state. Such
violation may be punished or subjected to penalty in either jurisdiction in
accordance with its laws. In addition to liability for any such punishment or
penalty, any such violation shall constitute full and sufficient grounds for
the suspension or revocation of any license, permit, or other legal authorization
held by the sending agency which empowers or allows it to place, or care for
children.

Article V. Retention of Jurisdiction.

(a) The sending agency shall retain jurisdiction over
the child sufficient to determine all matters in relation to the custody,
supervision, care, treatment, and disposition of the child which it would have
had if the child had remained in the sending agency's state, until the child is
adopted, reaches majority, becomes self-supporting or is discharged with the
concurrence of the appropriate authority in the receiving state. Such
jurisdiction shall also include the power to effect or cause the return of the
child or its transfer to another location and custody pursuant to law. The
sending agency shall continue to have financial responsibility for support and
maintenance of the child during the period of the placement. Nothing contained
herein shall defeat a claim of jurisdiction by a receiving state sufficient to
deal with an act of delinquency or crime committed therein.

(b) When the sending agency is a public agency, it may
enter into an agreement with an authorized public or private agency in the
receiving state providing for the performance of one or more services in
respect of such case by the latter as agent for the sending agency.

(c) Nothing in this Compact shall be construed to
prevent a private charitable agency authorized to place children in the
receiving state from performing services or acting as agent in that state for a
private charitable agency of the sending state; nor to prevent the agency in
the receiving state from discharging financial responsibility for the support
and maintenance of a child who has been placed on behalf of the sending agency
without relieving the responsibility set forth in paragraph (a) hereof.

Article VI. Institutional Care of Delinquent Children.

A child adjudicated delinquent may be
placed in an institution in another party jurisdiction pursuant to this
Compact, but no such placement shall be made unless the child is given a court
hearing on notice to the parent or guardian with opportunity to be heard, prior
to the child's being sent to such other party jurisdiction for institutional
care and the court finds that:

(1) Equivalent facilities for the child are not
available in the sending agency's jurisdiction; and

(2) Institutional care in the other jurisdiction is in
the best interests of the child and will not produce undue hardship.

Article VII. Compact Administrator.

The executive head of each jurisdiction
party to this Compact shall designate an officer who shall be general
coordinator of activities under this Compact in the officer's jurisdiction and
who, acting jointly with like officers of other party jurisdictions, shall have
power to promulgate rules and regulations to carry out more effectively the
terms and provisions of this Compact.

Article VIII. Limitations.

This Compact shall not apply to: (a)
the sending or bringing of a child into a receiving state by the child's
parent, stepparent, grandparent, adult brother or sister, adult uncle or aunt,
or the child's guardian and leaving the child with any such relative or
nonagency guardian in the receiving state. (b) Any placement, sending or
bringing of a child into a receiving state pursuant to any other interstate
compact to which both the state from which the child is sent or brought and the
receiving state are party, or to any other agreement between said states which
has the force of law.

Article IX. Enactment and Withdrawal.

This Compact shall be open to joinder
by any state, territory or possession of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, and, with the consent of Congress,
the government of Canada or any province thereof. It shall become effective
with respect to any such jurisdiction when such jurisdiction has enacted the
same into law. Withdrawal from this Compact shall be by the enactment of a
statute repealing the same, but shall not take effect until two years after the
effective date of such statute and until written notice of the withdrawal has
been given by the withdrawing state to the governor of each other party
jurisdiction. Withdrawal of a party state shall not affect the rights, duties,
and obligations under this Compact of any sending agency therein with respect
to a placement made prior to the effective date of withdrawal.

Article X. Construction and Severability.

The provisions of this Compact shall be
liberally construed to effectuate the purposes thereof. The provisions of this
Compact shall be severable and if any phrase, clause, sentence, or provision of
this Compact is declared to be contrary to the constitution of any party state
or of the United States or the applicability thereof to any government, agency,
person, or circumstance is held invalid, the validity of the remainder of this
Compact and the applicability thereof to any government, agency, person, or
circumstance shall not be affected thereby. If this Compact shall be held
contrary to the constitution of any state party thereto, the Compact shall
remain in full force and effect as to the remaining states and in full force
and effect as to the state affected as to all severable matters. (1971, c. 453, s. 1; 1973, c. 476, s. 138; 1983, c. 454, s.
8; 1997-443, s. 11A.118(a); 1998-202, s. 6; 1999-423, s. 3.)

§ 7B-3801. Financial responsibility under Compact.

Financial responsibility for any child placed pursuant to the
provisions of the Interstate Compact on the Placement of Children shall be
determined in accordance with the provisions of Article V thereof in the first
instance. However, in the event of partial or complete default of performance
thereunder, the provisions of any other state laws fixing responsibility for
the support of children also may be invoked. (1971, c.
453, s. 2; 1998-202, s. 6.)

§ 7B-3802. Agreements under Compact.

The officers and agencies of this State and its subdivisions
having authority to place children are hereby empowered to enter into
agreements with appropriate officers or agencies of or in other party states
pursuant to paragraph (b) of Article V of the Interstate Compact on the
Placement of Children. Any such agreement which contains a financial commitment
or imposes a financial obligation on this State or subdivision or agency
thereof shall not be binding unless it has the approval in writing of the
Secretary of the Department of Health and Human Services in the case of the
State and of the county director of social services in the case of a county or
other subdivision of the State. (1971, c. 453, s. 2;
1973, c. 476, s. 138; 1997-443, s. 11A.118(a); 1998-202, s. 6.)

§ 7B-3803. Visitation, inspection or supervision.

Any requirements for visitation, inspection or supervision of
children, homes, institutions or other agencies in another party state which
may apply under the laws of this State shall be deemed to be met if performed
pursuant to an agreement entered into by appropriate officers or agencies of
this State or a subdivision thereof as contemplated by paragraph (b) of Article
V of the Interstate Compact on the Placement of Children. (1971, c. 453, s. 2; 1998-202, s. 6.)

§ 7B-3804. Compact to govern between party states.

The provisions of Article 37 of this Chapter shall not apply
to placements made pursuant to the Interstate Compact on the Placement of
Children. (1971, c. 453, s. 2; 1998-202, s. 6.)

§ 7B-3805. Placement of delinquents.

Any court having jurisdiction to place delinquent children
may place such a child in an institution or in another state pursuant to
Article VI of the Interstate Compact on the Placement of Children and shall
retain jurisdiction as provided in Article V thereof. (1971,
c. 453, s. 2; 1998-202, s. 6.)

§ 7B-3806. Compact Administrator.

The Governor is hereby authorized to appoint a Compact
Administrator in accordance with the terms of said Article VII. (1971, c. 453, s. 2; 1998-202, s. 6.)

Article 39.

Interstate Compact on Adoption and Medical Assistance.

§ 7B-3900. Legislative findings and purposes.

(a) Finding adoptive families for children, for whom
state assistance is desirable pursuant to G.S. 108A-49 and G.S. 108A-50, and
assuring the protection of the interests of the children affected during the
entire assistance period require special measures when the adoptive parents
move to another state or are residents of another state. Additionally, the
provision of medical and other necessary services for children receiving State
assistance encounters special difficulties when the provision of services takes
place in another state.

(b) In recognition of the need for special measures,
the General Assembly authorizes the Secretary of the Department of Health and
Human Services to enter into interstate agreements with agencies of other
states for the protection of children on behalf of whom adoption assistance is
being provided by the Department of Health and Human Services and to provide
procedures for interstate adoption assistance payments, including payments for
medical services. (1999-190, s. 5.)

§ 7B-3901. Definitions.

Unless the context requires otherwise, as used in this
Article:

(1) "Adoption assistance state" means the
state that is a signatory to an adoption assistance agreement in a particular
case.

(2) "Residence state" means the state where
the child is living.

(3) "State" means a state of the United
States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, the Commonwealth of the Northern Mariana Islands, or any
territory or possession subject to the jurisdiction of the United States. (1999-190, s. 5.)

§ 7B-3902. Compacts authorized.

The Secretary of the Department of Health and Human Services
may develop, participate in the development of, negotiate, and enter into one
or more interstate compacts on behalf of this State with other states to
implement this Article. When entered into, and for so long as it remains in
force, such a compact shall have the full force and effect of law. (1999-190, s. 5.)

§ 7B-3903. Content of compacts.

(a) A compact under this Article shall contain all of
the following provisions:

(1) A provision making it available for joinder by all
states.

(2) A provision for withdrawal from the compact upon
written notice to the parties, with a period of at least one year between the
date of the notice and effective date of the withdrawal.

(3) A requirement that the protections afforded by or
under the compact continue in force for the duration of the adoption assistance
and apply to all children and their adoptive parents who, on the effective date
of the withdrawal, are receiving adoption assistance from a party state other
than the state in which they are a resident and have their principal place of
abode.

(4) A requirement that each instance of adoption
assistance to which the compact applies be covered by an adoption assistance
agreement in writing between the adoptive parents and the state child welfare
agency of the state which undertakes to provide the adoption assistance and
that any such agreement be expressly for the benefit of the adopted child and
enforceable by the adoptive parents and the state child welfare agency
providing the adoption assistance.

(5) Any other provisions appropriate to implement the
proper administration of the compact.

(b) A compact entered into under this Article may
contain any of the following provisions:

(1) Provisions establishing procedures and entitlement
to medical and other necessary social services for the child in accordance with
applicable laws, even though the child and the adoptive parents are in a state
other than the one responsible for or providing the services or the funds to
defray part or all of the expense thereof.

(2) Any other provisions appropriate or incidental to
the proper administration of the compact. (1999-190,
s. 5.)

§ 7B-3904. Medical assistance.

(a) A child with special needs who is a resident of this
State who is the subject of an adoption assistance agreement with another state
shall be accepted as being entitled to receive medical assistance certification
from this State upon the filing in the department of social services of the
county in which the child resides a certified copy of the adoption assistance
agreement obtained from the adoption assistance state.

(b) The Division of Medical Assistance shall consider
the holder of a medical assistance certification under this section to be
entitled to the same medical benefits under the laws of this State as any other
holder of a medical assistance certification and shall process and make payment
on claims on account of that holder in the same manner and under the same
conditions and procedures that apply to other recipients of medical assistance.

(c) The provisions of this section apply only to
medical assistance for children under adoption assistance agreements from
states that have entered into a compact with this State under which the other
state provides medical assistance to children with special needs under adoption
assistance agreements made by this State. (1999-190,
s. 5.)

§ 7B-3905. Federal participation.

The Department of Health and Human Services, in connection
with the administration of this Article and any compact entered into pursuant
to this Article, shall include the provision of adoption assistance and medical
assistance for which the federal government pays some or all of the cost in any
state plan made pursuant to the Adoption Assistance and Child Welfare Act of
1980 (P.L. 96-272), Titles IV (E) and XIX of the Social Security Act and any
other applicable federal laws. The Department shall apply for and administer
all relevant federal aid in accordance with law. (1999-190,
s. 5.)

§ 7B-3906. Compact Administrator.

The Secretary of the Department of Health and Human Services
may appoint a Compact Administrator who shall be the general coordinator of
activities under this Compact in this State and who, acting jointly with like
officers of other party states, may promulgate rules to carry out more
effectively the terms and provisions of this Compact. (1999-190,
s. 5.)

Article 40.

Interstate Compact for Juveniles.

§ 7B-4000. (For effective date - see note) Short title.

This Article may be cited as "The Interstate Compact for
Juveniles". (2005-194, s. 1.)

The Governor of North Carolina is authorized and directed to
execute a Compact on behalf of the State of North Carolina with any state of
the United States legally joining therein in the form substantially as follows:

"Article I.

Purpose.

(a) The compacting states to this Interstate Compact
recognize that each state is responsible for the proper supervision or return
of juveniles, delinquents, and status offenders who are on probation or parole
and who have absconded, escaped, or run away from supervision and control and
in so doing have endangered their own safety and the safety of others. The
compacting states also recognize that each state is responsible for the safe
return of juveniles who have run away from home and in doing so have left their
state of residence. The compacting states also recognize that Congress, by
enacting the Crime Control Act, 4 U.S.C. § 112 (1965), has authorized and
encouraged compacts for cooperative efforts and mutual assistance in the
prevention of crime.

(b) It is the purpose of this Compact, through means
of joint and cooperative action among the compacting states to:

(1) Ensure that the adjudicated juveniles and status
offenders subject to this Compact are provided adequate supervision and
services in the receiving state as ordered by the adjudicating judge or parole
authority in the sending state;

(2) Ensure that the public safety interests of the
citizens, including the victims of juvenile offenders, in both the sending and
receiving states are adequately protected;

(3) Return juveniles who have run away, absconded, or
escaped from supervision or control, or have been accused of an offense to the
state requesting their return;

(4) Make contracts for the cooperative
institutionalization in public facilities in member states for delinquent youth
needing special services;

(5) Provide for the effective tracking and supervision
of juveniles;

(6) Equitably allocate the costs, benefits, and
obligations of the compacting states;

(7) Establish procedures to manage the movement between
states of juvenile offenders released to the community under the jurisdiction
of courts, juvenile departments, or any other criminal or juvenile justice
agency which has jurisdiction over juvenile offenders;

(8) Ensure immediate notice to jurisdictions where
defined offenders are authorized to travel or to relocate across state lines;

(9) Establish procedures to resolve pending charges
(detainers) against juvenile offenders prior to transfer or release to the
community under the terms of this Compact;

(10) Establish a system of uniform data collection on
information pertaining to juveniles subject to this Compact that allows access
by authorized juvenile justice and criminal justice officials and regular
reporting of Compact activities to heads of state executive, judicial, and
legislative branches and juvenile and criminal justice administrators;

(12) Coordinate training and education regarding the
regulation of interstate movement of juveniles for officials involved in such
activity; and

(13) Coordinate the implementation and operation of the
Compact with the Interstate Compact for the Placement of Children, the
Interstate Compact for Adult Offender Supervision, and other compacts affecting
juveniles particularly in those cases where concurrent or overlapping
supervision issues arise.

(c) It is the policy of the compacting states that the
activities conducted by the Interstate Commission created herein are the
formation of public policies and therefore are public business. Furthermore,
the compacting states shall cooperate and observe their individual and
collective duties and responsibilities for the prompt return and acceptance of
juveniles subject to the provisions of this Compact. The provisions of this
Compact shall be reasonably and liberally construed to accomplish the purposes
and policies of the Compact.

Article II.

Definitions.

As used in this Compact, unless the context clearly requires
a different construction:

(1) "Bylaws" means those bylaws established
by the Interstate Commission for its governance or for directing or controlling
its actions or conduct.

(2) "Compact Administrator" means the
individual in each compacting state appointed pursuant to the terms of this
Compact responsible for the administration and management of the state's
supervision and transfer of juveniles subject to the terms of this Compact, the
rules adopted by the Interstate Commission, and policies adopted by the State
Council under this Compact.

(3) "Compacting State" means any state which
has enacted the enabling legislation for this Compact.

(4) "Commissioner" means the voting
representative of each compacting state appointed pursuant to Article III of
this Compact.

(5) "Court" means any court having
jurisdiction over delinquent, neglected, or dependent children.

(6) "Deputy Compact Administrator" means the
individual, if any, in each compacting state appointed to act on behalf of a
Compact Administrator pursuant to the terms of this Compact responsible for the
administration and management of the state's supervision and transfer of
juveniles subject to the terms of this compact, the rules adopted by the
Interstate Commission, and policies adopted by the State Council under this
Compact.

(7) "Interstate Commission" means the
Interstate Commission for Juveniles created by Article III of this Compact.

(8) "Juvenile" means any person defined as a
juvenile in any member state or by the rules of the Interstate Commission,
including:

a. Accused Delinquent. - A person charged with an
offense that, if committed by an adult, would be a criminal offense;

b. Adjudicated Delinquent. - A person found to have
committed an offense that, if committed by an adult, would be a criminal
offense;

c. Accused Status Offender. - A person charged with an
offense that would not be a criminal offense if committed by an adult;

d. Adjudicated Status Offender. - A person found to
have committed an offense that would not be a criminal offense if committed by
an adult; and

e. Nonoffender. - A person in need of supervision who
has not been accused or adjudicated a status offender or delinquent.

(9) "Noncompacting State" means any state
which has not enacted the enabling legislation for this Compact.

(10) "Probation" or "Parole" means
any kind of supervision or conditional release of juveniles authorized under
the laws of the compacting states.

(11) "Rule" means a written statement by the
Interstate Commission promulgated pursuant to Article VI of this Compact that
is of general applicability, implements, interprets, or prescribes a policy or
provision of the Compact, or an organizational, procedural, or practice
requirement of the Commission, and has the force and effect of statutory law in
a compacting state, and includes the amendment, repeal, or suspension of an
existing rule.

(12) "State" means a state of the United
States, the District of Columbia or its designee, the Commonwealth of Puerto
Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Northern Marianas
Islands.

Article III.

Interstate Commission for
Juveniles.

(a) The compacting states hereby create the
"Interstate Commission for Juveniles." The Commission shall be a body
corporate and joint agency of the compacting states. The Commission shall have
all the responsibilities, powers, and duties set forth herein, and such
additional powers as may be conferred upon it by subsequent action of the
respective legislatures of the compacting states in accordance with the terms
of this Compact.

(b) The Interstate Commission shall consist of
commissioners appointed by the appropriate appointing authority in each state
pursuant to the rules and requirements of each compacting state and in
consultation with the State Council for Interstate Juvenile Supervision created
hereunder. The Commissioner shall be the compact administrator, deputy compact
administrator, or designee from that state who shall serve on the Interstate
Commission in such capacity under or pursuant to the applicable law of the
compacting state.

(c) In addition to the commissioners who are the
voting representatives of each state, the Interstate Commission shall include
individuals who are not commissioners, but who are members of interested
organizations. Such noncommissioner members must include a member of the
national organizations of governors, legislators, state chief justices,
attorneys general, Interstate Compact for Adult Offender Supervision,
Interstate Compact for the Placement of Children, juvenile justice and juvenile
corrections officials, and crime victims. All noncommissioner members of the
Interstate Commission shall be ex officio, nonvoting members. The Interstate
Commission may provide in its bylaws for such additional ex officio, nonvoting
members, including members of other national organizations, in such numbers as
shall be determined by the Commission.

(d) Each compacting state represented at any meeting of
the Commission is entitled to one vote. A majority of the compacting states
shall constitute a quorum for the transaction of business, unless a larger
quorum is required by the bylaws of the Interstate Commission.

(e) The Commission shall meet at least once each
calendar year. The chairperson may call additional meetings and, upon the
request of a simple majority of the compacting states, shall call additional
meetings. Public notice shall be given of all meetings, and meetings shall be
open to the public.

(f) The Interstate Commission shall establish an
executive committee, which shall include commission officers, members, and
others as determined by the bylaws. The executive committee shall have the
power to act on behalf of the Interstate Commission during periods when the
Interstate Commission is not in session, with the exception of rule making
and/or amendment to the Compact. The executive committee shall oversee the day-to-day
activities of the administration of the Compact managed by an executive
director and Interstate Commission staff, administer enforcement and compliance
with the provisions of the Compact, its bylaws and rules, and perform other
duties as directed by the Interstate Commission or set forth in the bylaws.

(g) Each member of the Interstate Commission shall
have the right and power to cast a vote to which that compacting state is
entitled and to participate in the business and affairs of the Interstate
Commission. A member shall vote in person and shall not delegate a vote to
another compacting state. However, a commissioner, in consultation with the
state council, shall appoint another authorized representative, in the absence
of the commissioner from that state, to cast a vote on behalf of the compacting
state at a specified meeting. The bylaws may provide for members' participation
in meetings by telephone or other means of telecommunication or electronic
communication.

(h) The Interstate Commission's bylaws shall establish
conditions and procedures under which the Interstate Commission shall make its
information and official records available to the public for inspection or
copying. The Interstate Commission may exempt from disclosure any information
or official records to the extent they would adversely affect personal privacy
rights or proprietary interests.

(i) Public notice shall be given of all meetings, and
all meetings shall be open to the public, except as set forth in the Rules or
as otherwise provided in the Compact. The Interstate Commission and any of its
committees may close a meeting to the public where it determines by two-thirds
vote that an open meeting would be likely to:

(7) Disclose information contained in or related to
examination, operating, or condition reports prepared by, or on behalf of or
for the use of, the Interstate Commission with respect to a regulated person or
entity for the purpose of regulation or supervision of such person or entity;

(8) Disclose information, the premature disclosure of
which would significantly endanger the stability of a regulated person or
entity; or

(9) Specifically relate to the Interstate Commission's
issuance of a subpoena or its participation in a civil action or other legal
proceeding.

(j) For every meeting closed pursuant to this
provision, the Interstate Commission's legal counsel shall publicly certify that,
in the legal counsel's opinion, the meeting may be closed to the public and
shall reference each relevant exemptive provision. The Interstate Commission
shall keep minutes which shall fully and clearly describe all matters discussed
in any meeting and shall provide a full and accurate summary of any actions
taken, and the reasons therefor, including a description of each of the views
expressed on any item and the record of any roll call vote (reflected in the
vote of each member on the question). All documents considered in connection
with any action shall be identified in the minutes.

(k) The Interstate Commission shall collect
standardized data concerning the interstate movement of juveniles as directed
through its rules which shall specify the data to be collected, the means of
collection and data exchange, and reporting requirements. Such methods of data
collection, exchange, and reporting shall insofar as is reasonably possible
conform to up-to-date technology and coordinate its information functions with
the appropriate repository of records.

Article IV.

Powers and Duties of the
Interstate Commission.

(a) The Interstate Commission shall have the following
powers and duties:

(1) To provide for dispute resolution among compacting
states.

(2) To promulgate rules to effect the purposes and
obligations as enumerated in this Compact, which shall have the force and
effect of statutory law and shall be binding in the compacting states to the
extent and in the manner provided in this Compact.

(3) To oversee, supervise, and coordinate the
interstate movement of juveniles subject to the terms of this Compact and any
bylaws adopted and rules promulgated by the Interstate Commission.

(4) To enforce compliance with the Compact provisions,
the rules promulgated by the Interstate Commission, and the bylaws, using all
necessary and proper means including, but not limited to, the use of judicial
process.

(5) To establish and maintain offices which shall be
located within one or more of the compacting states.

(6) To purchase and maintain insurance and bonds.

(7) To borrow, accept, hire, or contract for services
of personnel.

(8) To establish and appoint committees and hire staff
which it deems necessary for the carrying out of its functions including, but
not limited to, an executive committee as required by Article III of this
Compact, which shall have the power to act on behalf of the Interstate
Commission in carrying out its powers and duties hereunder.

(9) To elect or appoint such officers, attorneys,
employees, agents, or consultants, and to fix their compensation, define their
duties, and determine their qualifications; and to establish the Interstate
Commission's personnel policies and programs relating to, inter alia, conflicts
of interest, rates of compensation, and qualifications of personnel.

(10) To accept any and all donations and grants of money,
equipment, supplies, materials, and services, and to receive, utilize, and
dispose of them.

(11) To lease, purchase, accept contributions or
donations of, or otherwise to own, hold, improve, or use any property, real,
personal, or mixed.

(13) To establish a budget and make expenditures and levy
dues as provided in Article VIII of this Compact.

(14) To sue and be sued.

(15) To adopt a seal and bylaws governing the management
and operation of the Interstate Commission.

(16) To perform such functions as may be necessary or
appropriate to achieve the purposes of this Compact.

(17) To report annually to the legislatures, governors,
judiciary, and state councils of the compacting states concerning the
activities of the Interstate Commission during the preceding year. Such reports
shall also include any recommendations that may have been adopted by the
Interstate Commission.

(18) To coordinate education, training, and public
awareness regarding the interstate movement of juveniles for officials involved
in such activity.

(19) To establish uniform standards of the reporting,
collecting, and exchanging of data.

(b) The Interstate Commission shall maintain its
corporate books and records in accordance with the bylaws.

Article V.

Organization and
Operation of the Interstate Commission.

(a) Bylaws. - The Interstate Commission shall, by a
majority of the members present and voting, within 12 months after the first
Interstate Commission meeting, adopt bylaws to govern its conduct as may be necessary
or appropriate to carry out the purposes of the Compact, including, but not
limited to:

(1) Establishing the fiscal year of the Interstate
Commission;

(2) Establishing an executive committee and such other
committees as may be necessary;

(3) Providing for the establishment of committees
governing any general or specific delegation of any authority or function of
the Interstate Commission;

(4) Providing reasonable procedures for calling and
conducting meetings of the Interstate Commission and ensuring reasonable notice
of each such meeting;

(5) Establishing the titles and responsibilities of the
officers of the Interstate Commission;

(6) Providing a mechanism for concluding the operations
of the Interstate Commission and the return of any surplus funds that may exist
upon the termination of the Compact after the payment and/or reserving of all
of its debts and obligations;

(7) Providing "start-up" rules for initial
administration of the Compact; and

(8) Establishing standards and procedures for compliance
and technical assistance in carrying out the Compact.

(b) Officers and Staff. - The Interstate Commission
shall, by a majority of the members, elect annually from among its members a
chairperson and a vice-chairperson, each of whom shall have such authority and
duties as may be specified in the bylaws. The chairperson or, in the
chairperson's absence or disability, the vice-chairperson shall preside at all
meetings of the Interstate Commission. The officers so elected shall serve
without compensation or remuneration from the Interstate Commission; provided
that, subject to the availability of budgeted funds, the officers shall be
reimbursed for any ordinary and necessary costs and expenses incurred by them
in the performance of their duties and responsibilities as officers of the
Interstate Commission.

The Interstate Commission shall, through its executive
committee, appoint or retain an executive director for such period, upon such
terms and conditions and for such compensation as the Interstate Commission may
deem appropriate. The executive director shall serve as secretary to the
Interstate Commission, but shall not be a member and shall hire and supervise
such other staff as may be authorized by the Interstate Commission.

(c) Qualified Immunity, Defense, and Indemnification. -
The Commission's executive director and employees shall be immune from suit and
liability, either personally or in their official capacity, for any claim for
damage to or loss of property or personal injury or other civil liability
caused or arising out of or relating to any actual or alleged act, error, or
omission that occurred, or that such person had a reasonable basis for
believing occurred within the scope of Commission employment, duties, or
responsibilities; provided, that any such person shall not be protected from
suit or liability for any damage, loss, injury, or liability caused by the
intentional or willful and wanton misconduct of any such person.

The liability of any commissioner, or the employee or agent
of a commissioner, acting within the scope of such person's employment or
duties for acts, errors, or omissions occurring within such person's state may
not exceed the limits of liability set forth under the Constitution and laws of
that state for state officials, employees, and agents. Nothing in this
subsection shall be construed to protect any such person from suit or liability
for any damage, loss, injury, or liability caused by the intentional or willful
and wanton misconduct of any such person.

The Interstate Commission shall defend the executive director
or the employees or representatives of the Interstate Commission and, subject
to the approval of the Attorney General of the state represented by any
commissioner of a compacting state, shall defend such commissioner or the
commissioner's representatives or employees in any civil action seeking to
impose liability arising out of any actual or alleged act, error, or omission
that occurred within the scope of Interstate Commission employment, duties, or
responsibilities, or that the defendant had a reasonable basis for believing
occurred within the scope of Interstate Commission employment, duties, or
responsibilities, provided that the actual or alleged act, error, or omission
did not result from intentional or willful and wanton misconduct on the part of
such person.

The Interstate Commission shall indemnify and hold the
commissioner of a compacting state, or the commissioner's representatives or
employees, or the Interstate Commission's representatives or employees,
harmless in the amount of any settlement or judgment obtained against such
persons arising out of any actual or alleged act, error, or omission that
occurred within the scope of Interstate Commission employment, duties, or
responsibilities, or that such persons had a reasonable basis for believing
occurred within the scope of Interstate Commission employment, duties, or
responsibilities, provided that the actual or alleged act, error, or omission
did not result from intentional or willful and wanton misconduct on the part of
such persons.

Article VI.

Rule-Making Functions of
the Interstate Commission.

(a) The Interstate Commission shall promulgate and
publish rules in order to effectively and efficiently achieve the purposes of
the Compact.

(b) Rule making shall occur pursuant to the criteria
set forth in this Article and the bylaws and rules adopted pursuant thereto.
Such rule making shall substantially conform to the principles of the
"Model State Administrative Procedures Act," 1981 Act, Uniform Laws
Annotated, Vol. 16, p. 1 (2000), or such other administrative procedures acts,
as the Interstate Commission deems appropriate consistent with due process
requirements under the United States Constitution as now or hereafter
interpreted by the United States Supreme Court. All rules and amendments shall
become binding as of the date specified, as published with the final version of
the rule as approved by the Commission.

(c) When promulgating a rule, the Interstate
Commission shall, at a minimum:

(2) Allow and invite any and all persons to submit
written data, facts, opinions, and arguments, which information shall be added
to the record and be made publicly available;

(3) Provide an opportunity for an informal hearing if
petitioned by 10 or more persons;

(4) Promulgate a final rule and its effective date, if
appropriate, based on input from state or local officials, or interested
parties; and

(5) Allow, not later than 60 days after a rule is
promulgated, any interested person to file a petition in the United States
District Court for the District of Columbia or in the Federal District Court
where the Interstate Commission's principal office is located for judicial
review of such rule.

(d) If the court finds that the Interstate Commission's
action is not supported by substantial evidence in the rule-making record, the
court shall hold the rule unlawful and set it aside. For purposes of this
subsection, evidence is substantial if it would be considered substantial
evidence under the Model State Administrative Procedures Act.

(e) If a majority of the legislatures of the
compacting states rejects a rule, those states may, by enactment of a statute
or resolution in the same manner used to adopt the Compact, cause that rule to
have no further force and effect in any compacting state.

(f) The existing rules governing the operation of the
Interstate Compact on Juveniles superseded by this act shall be null and void
when all states, as defined in the Compact, have adopted The Interstate Compact
for Juveniles.

(g) Upon determination by the Interstate Commission
that a state of emergency exists, it may promulgate an emergency rule which
shall become effective immediately upon adoption, provided that the usual rule-making
procedures provided hereunder shall be retroactively applied to said rule as
soon as reasonably possible but no later than 90 days after the effective date
of the emergency rule.

Article VII.

Oversight, Enforcement,
and Dispute Resolution by the Interstate Commission.

(a) Oversight. - The Interstate Commission shall
oversee the administration and operations of the interstate movement of
juveniles subject to this Compact in the compacting states and shall monitor
such activities being administered in noncompacting states which may
significantly affect compacting states.

The courts and executive agencies in each compacting state
shall enforce this Compact and shall take all actions necessary and appropriate
to effectuate the Compact's purposes and intent. The provisions of this Compact
and the rules promulgated hereunder shall be received by all the judges, public
officers, commissions, and departments of the state government as evidence of
the authorized statute and administrative rules, and all courts shall take
judicial notice of the Compact and the rules. In any judicial or administrative
proceeding in a compacting state pertaining to the subject matter of this
Compact which may affect the powers, responsibilities, or actions of the
Interstate Commission, it shall be entitled to receive all service of process
in any such proceeding and shall have standing to intervene in the proceeding
for all purposes.

(b) Dispute Resolution. - The compacting states shall
report to the Interstate Commission on all issues and activities necessary for
the administration of the Compact as well as issues and activities pertaining
to compliance with the provisions of the Compact and its bylaws and rules.

The Interstate Commission shall attempt, upon the request of
a compacting state, to resolve any disputes or other issues which are subject
to the Compact and which may arise among compacting states and between
compacting and noncompacting states. The Commission shall promulgate a rule
providing for both mediation and binding dispute resolution for disputes among
the compacting states.

The Interstate Commission, in the reasonable exercise of its
discretion, shall enforce the provisions and rules of this Compact using any or
all means set forth in Article XI of this Compact.

Article VIII.

Finance.

(a) The Interstate Commission shall pay or provide for
the payment of the reasonable expenses of its establishment, organization, and
ongoing activities.

(b) The Interstate Commission shall levy on and
collect an annual assessment from each compacting state to cover the cost of
the internal operations and activities of the Interstate Commission and its
staff which must be in a total amount sufficient to cover the Interstate
Commission's annual budget as approved each year. The aggregate annual
assessment amount shall be allocated based upon a formula to be determined by
the Interstate Commission, taking into consideration the population of each
compacting state and the volume of interstate movement of juveniles in each
compacting state and shall promulgate a rule binding upon all compacting states
which governs said assessment.

(c) The Interstate Commission shall not incur any
obligations of any kind prior to securing the funds adequate to meet the same;
nor shall the Interstate Commission pledge the credit of any of the compacting
states, except by and with the authority of the compacting state.

(d) The Interstate Commission shall keep accurate
accounts of all receipts and disbursements. The receipts and disbursements of
the Interstate Commission shall be subject to the audit and accounting
procedures established under its bylaws. However, all receipts and
disbursements of funds handled by the Interstate Commission shall be audited
yearly by a certified or licensed public accountant, and the report of the
audit shall be included in and become part of the annual report of the
Interstate Commission.

Article IX.

The State Council.

Each member state shall create a State Council for Interstate
Juvenile Supervision. While each state may determine the membership of its own
state council, its membership must include at least one representative from the
legislative, judicial, and executive branches of government, victims groups,
and the compact administrator, deputy compact administrator, or designee. Each
compacting state retains the right to determine the qualifications of the
compact administrator or deputy compact administrator. Each state council will
advise and may exercise oversight and advocacy concerning that state's
participation in Interstate Commission activities and other duties as may be
determined by that state, including, but not limited to, development of policy
concerning operations and procedures of the Compact within that state.

Article X.

Compacting States,
Effective Date, and Amendment.

(a) Any state, the District of Columbia or its
designee, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam,
American Samoa, and the Northern Marianas Islands, as defined in Article II of
this Compact, is eligible to become a compacting state.

(b) The Compact shall become effective and binding
upon legislative enactment of the Compact into law by no less than 35 of the
states. The initial effective date shall be the later of July 1, 2004, or upon
enactment into law by the 35th jurisdiction. Thereafter, it shall become
effective and binding as to any other compacting state upon enactment of the
Compact into law by that state. The governors of nonmember states or their
designees shall be invited to participate in the activities of the Interstate
Commission on a nonvoting basis prior to adoption of the Compact by all states
and territories of the United States.

(c) The Interstate Commission may propose amendments to
the Compact for enactment by the compacting states. No amendment shall become
effective and binding upon the Interstate Commission and the compacting states
unless and until it is enacted into law by unanimous consent of the compacting
states.

Article XI.

Withdrawal, Default,
Termination, and Judicial Enforcement.

(a) Withdrawal. - Once effective, the Compact shall
continue in force and remain binding upon each and every compacting state;
provided that a compacting state may withdraw from the Compact by specifically
repealing the statute which enacted the Compact into law.

The effective date of withdrawal is the effective date of the
repeal.

The withdrawing state shall immediately notify the
chairperson of the Interstate Commission in writing upon the introduction of
legislation repealing this Compact in the withdrawing state. The Interstate
Commission shall notify the other compacting states of the withdrawing state's
intent to withdraw within 60 days of its receipt thereof.

The withdrawing state is responsible for all assessments,
obligations, and liabilities incurred through the effective date of withdrawal,
including any obligations, the performance of which extend beyond the effective
date of withdrawal.

Reinstatement following withdrawal of any compacting state
shall occur upon the withdrawing state reenacting the Compact or upon such
later date as determined by the Interstate Commission.

(b) Technical Assistance, Fines, Suspension,
Termination, and Default. - If the Interstate Commission determines that any
compacting state has at any time defaulted in the performance of any of its
obligations or responsibilities under this Compact, or the bylaws or duly
promulgated rules, the Interstate Commission may impose any or all of the
following penalties:

(1) Remedial training and technical assistance as
directed by the Interstate Commission;

(2) Alternative Dispute Resolution;

(3) Fines, fees, and costs in such amounts as are
deemed to be reasonable as fixed by the Interstate Commission; and

(4) Suspension or termination of membership in the
Compact, which shall be imposed only after all other reasonable means of
securing compliance under the bylaws and rules have been exhausted, and the
Interstate Commission has therefore determined that the offending state is in
default. Immediate notice of suspension shall be given by the Interstate
Commission to the Governor, the Chief Justice, or the Chief Judicial Officer of
the state, the majority and minority leaders of the defaulting state's
legislature, and the state council.

The grounds for default include, but are not limited to,
failure of a compacting state to perform such obligations or responsibilities
imposed upon it by this Compact, the bylaws, or duly promulgated rules, and any
other grounds designated in Commission bylaws and rules. The Interstate
Commission shall immediately notify the defaulting state in writing of the
penalty imposed by the Interstate Commission and of the default pending a cure
of the default. The Commission shall stipulate the conditions and the time
period within which the defaulting state must cure its default. If the
defaulting state fails to cure the default within the time period specified by
the Commission, the defaulting state shall be terminated from the Compact upon
an affirmative vote of a majority of the compacting states, and all rights,
privileges, and benefits conferred by this Compact shall be terminated from the
effective date of termination.

Within 60 days of the effective date of termination of a
defaulting state, the Commission shall notify the Governor, the Chief Justice
or Chief Judicial Officer, the majority and minority leaders of the defaulting
state's legislature, and the state council of the termination.

The defaulting state is responsible for all assessments,
obligations, and liabilities incurred through the effective date of
termination, including any obligations, the performance of which extends beyond
the effective date of termination.

The Interstate Commission shall not bear any costs relating
to the defaulting state unless otherwise mutually agreed upon in writing
between the Interstate Commission and the defaulting state.

Reinstatement following termination of any compacting state
requires both a reenactment of the Compact by the defaulting state and the
approval of the Interstate Commission pursuant to the rules.

(c) Judicial Enforcement. - The Interstate Commission
may, by majority vote of the members, initiate legal action in the United
States District Court for the District of Columbia or, at the discretion of the
Interstate Commission, in the federal district where the Interstate Commission
has its offices to enforce compliance with the provisions of the Compact and
its duly promulgated rules and bylaws, against any compacting state in default.
In the event judicial enforcement is necessary, the prevailing party shall be
awarded all costs of such litigation, including reasonable attorneys' fees.

(d) Dissolution of Compact. - The Compact dissolves
effective upon the date of the withdrawal or default of the compacting state,
which reduces membership in the Compact to one compacting state.

Upon the dissolution of this Compact, the Compact becomes
null and void and shall be of no further force or effect, and the business and
affairs of the Interstate Commission shall be concluded, and any surplus funds
shall be distributed in accordance with the bylaws.

Article XII.

Severability and
Construction.

(a) The provisions of this Compact shall be severable,
and if any phrase, clause, sentence, or provision is deemed unenforceable, the
remaining provisions of the Compact shall be enforceable.

(b) The provisions of this Compact shall be liberally
construed to effectuate its purposes.

Article XIII.

Binding Effect of Compact
and Other Laws.

(a) Other Laws. - Nothing herein prevents the
enforcement of any other law of a compacting state that is not inconsistent
with this Compact.

All compacting states' laws, other than state Constitutions
and other interstate compacts, conflicting with this Compact are superseded to
the extent of the conflict.

(b) Binding Effect of the Compact. - All lawful
actions of the Interstate Commission, including all rules and bylaws
promulgated by the Interstate Commission, are binding upon the compacting
states.

All agreements between the Interstate Commission and the
compacting states are binding in accordance with their terms.

Upon the request of a party to a conflict over meaning or
interpretation of Interstate Commission actions, and upon a majority vote of
the compacting states, the Interstate Commission may issue advisory opinions
regarding such meaning or interpretation.

In the event any provision of this Compact exceeds the
constitutional limits imposed on the legislature of any compacting state, the
obligations, duties, powers, or jurisdiction sought to be conferred by such
provision upon the Interstate Commission shall be ineffective, and such
obligations, duties, powers, or jurisdiction shall remain in the compacting
state and shall be exercised by the agency thereof to which such obligations,
duties, powers, or jurisdiction are delegated by law in effect at the time this
Compact becomes effective." (2005-194, s. 1.)

§ 7B-4002. Implementation of the Compact.

(a) The North Carolina State Council for Interstate
Juvenile Supervision is hereby established. The Secretary of Public Safety, or
the Secretary's designee, shall serve as the Compact Administrator for the
State of North Carolina and as North Carolina's Commissioner to the Interstate
Commission. The Secretary of Public Safety, or the Secretary's designee, is a
member of the State Council and serves as chairperson of the State Council. In
addition to the chairperson, the State Council shall consist of 10 members as
follows:

(1) One member representing the executive branch, to be
appointed by the Governor;

(2) One member from a victim's assistance group, to be
appointed by the Governor;

(3) One at-large member, to be appointed by the
Governor;

(4) One member of the Senate, to be appointed by the
President Pro Tempore of the Senate;

(5) One member of the House of Representatives, to be
appointed by the Speaker of the House of Representatives;

(6) A district court judge, to be appointed by the
Chief Justice of the Supreme Court; and

(7) Four members representing the juvenile court
counselors, to be appointed by the Secretary of Public Safety.

(b) The State Council shall meet at least twice a year
and may also hold special meetings at the call of the chairperson. All terms
are for three years.

(c) The State Council may advise the Compact
Administrator on participation in the Interstate Commission activities and
administration of the Compact.

(d) The members of the State Council shall serve
without compensation but shall be reimbursed for necessary travel and
subsistence expenses in accordance with the policies of the Office of State
Budget and Management.

(e) The State Council shall act in an advisory
capacity to the Secretary of Public Safety concerning this State's
participation in Interstate Commission activities and other duties as may be
determined by each member state, including recommendations for policy
concerning the operations and procedures of the Compact within this State.

(f) The Governor shall by executive order provide for
any other matters necessary for implementation of the Compact at the time that
it becomes effective, and, except as otherwise provided for in this section,
the State Council may promulgate rules or regulations necessary to implement
and administer the Compact. (2005-194, s. 1; 2012-194,
s. 3.)